37. In addition, the Court found that at that date in time, “there were no prisoners sentenced to death [in Guatemala], and capital punishment had not been applied since 2002 […] [, and it took] note […] [of the] general suspension of the application of this punishment linked to compliance with the measure of reparation [established in the judgment in this case] related to the obligation to regulate commutations of sentence in [its] jurisdiction."28 B. The criminal proceedings against Miguel Ángel Rodríguez Revolorio, Miguel Ángel López Calo and Aníbal Archila Pérez b.1 Investigation, prosecution, trial and conviction 38. Rodríguez Revolorio, López Calo and Archila Pérez were arrested on February 11, 1995, and brought before the judicial authorities, accused of committing one count of murder and one count of attempted murder.29 39. The investigation stage of the case was conducted by Judge H.S.H. 30 On March 10, 1995, the Public Prosecutor's Office charged them with the crime of murder and attempted murder under Article 132 of the Criminal Code.31 40. The criminal proceedings were heard by the Fourth Criminal Sentencing Court for Drug Trafficking and Crimes against the Environment (hereinafter, "Criminal Sentencing Court"), composed of Mr. H.S.H., Presiding Judge (who had also been in charge of the investigation stage of the case), Mrs. T.F.A. and A.R.R.R., Judges.32 In the context of these proceedings, the alleged victims filed a motion for recusal and an action of unconstitutionality against Judge H.S.H. 33 With respect to the first challenge, the appellants' defense attorneys argued that Judge H.S.H. had issued an opinion stating that "he did not care about the results of the expert opinion, since for him the only thing that mattered was the witness's recognition of the defendants".34 The Criminal Sentencing Court rejected the challenge.35 In addition, the alleged victims filed an action of unconstitutionality in which they alleged that Judge H.S.H. "did not meet the requirements established in the Constitution to be a judge of a collegiate court, since he had not been a judge of first instance nor had he practiced law for more than five years".36 On May 28, 1997, the Constitutional Court dismissed the unconstitutionality challenge.37 41. On May 23, 1996, the Criminal Sentencing Court handed down a conviction against Mr. Rodríguez Revolorio, Mr. López Calo, and Mr. Archila Pérez for the crimes of murder and attempted murder, sentencing them to the death penalty. To determine their sentence, the Criminal Sentencing Case of Fermín Ramírez v. Guatemala. Monitoring Compliance with Judgment, supra, Whereas 8. Cf. Communication from the Secretary General of the Presidency of the Judiciary of June 28, 2018 (evidence file, folio 2392). 30 Cf. Communication from the Supreme Court of Justice to the Minister of Foreign Affairs, October 3, 1997 (evidence file, folios 310 and 311). 31 Indictment of the Public Prosecutor's Office addressed to the Seventh Judge of First Criminal Instance, Drug Trafficking and Crimes against the Environment, dated March 10, 1995 (evidence file, folios 3 to 11). 32 Cf. Record of the debate before the Fourth Criminal Sentencing Court for Drug Trafficking and Crimes against the Environment, April 22, 1996 (evidence file, folio 13). 33 Cf. Communication from the Supreme Court of Justice to the Minister of Foreign Affairs, October 3, 1997 (evidence file, folio 310). 34 Cf. Record of the debate before the Fourth Criminal Sentencing Court for Drug Trafficking and Crimes against the Environment, April 22, 1996 (evidence file, folio 62). 35 Cf. Record of the debate before the Fourth Criminal Sentencing Court for Drug Trafficking and Crimes against the Environment, April 22, 1996 (evidence file, folio 62). 36 Cf. Judgment of the Constitutional Court, file no. 25-97, May 28, 1997 (evidence file, folio 2133). 37 Cf. Judgment of the Constitutional Court, file no. 25-97, May 28, 1997 (evidence file, folio 2136). 28 29 12