40
Nicolle, Juan Vicente Villacorta Fajardo, Alejandro Ávila Guzmán and Rigoberto Rivas
González, and established various facts based on the evidence recovered, the
ballistics tests, and witness’s statements.40
76(40) The report named 11 individuals, most of them members of the Civilian
Self-Defense Patrols, but also some officials of the Government at that time, as
possible direct participants in the acts in which Jorge Carpio Nicolle, Juan Vicente
Villacorta Fajardo, Alejandro Ávila Guzmán and Rigoberto Rivas González lost their
lives.41 However, the only person who remained detained during the proceeding was
Juan Acabal Patzán, who was accused in this report of being one of the possible
perpetrators of the acts that occurred on July 3, 1993.42
76(41) On December 5, 1994, a public hearing was held during which Martha
Arrivillaga de Carpio filed an complaint before the Fifth Criminal Court of First
Instance, charging Juan Acabal Patzán with the murder of Jorge Carpio Nicolle, Juan
Vicente Villacorta Fajardo, Alejandro Ávila Guzmán and Rigoberto Rivas González,
and with seriously injuring the minor, Sydney Shaw Díaz. The private complainant
requested that the crime committed against the minor should be reclassified to
attempted murder.43
76(42) On March 13, 1995, the Fifth Criminal Court of First Instance decided not to
renew the pre-trial detention order and admitted the appeal filed additionally by the
private complainant (supra para. 76(38)).44
76(43) On April 18, 1995, the Tenth Chamber of the Court of Appeal decided the
appeal of March 13, 1995 (supra para. 76(42)), modifying the classification of the
crime of injuries to that of attempted murder to the detriment of Sydney Shaw Díaz,
and decided that “the judge a quo [shall] amend the order remitting the case to
trial.”45
76(44) On May 18, 1995, in response to the order of the Tenth Chamber of the
Court of Appeal (supra para. 76(43)), the Fifth Criminal Court of First Instance
issued a decision amending the pre-trial detention order issued against Jesús Cuc
Churunel, Nazario Tuy Taniel, Marcelino Tuy Taniel, Tomás Pérez P��rez, Juan Acabal
40
Cf. report of the Criminal Investigations Department of the National Police, Homicide Section,
presented on May 25, 1994, to the Fifth Criminal Court of First Instance (file with appendixes to the
application, appendix 15, tome II, vol. 1, folios 888 and 900).
41
Cf. report of the Criminal Investigations Department of the National Police, Homicide Section,
presented on May 25, 1994, to the Fifth Criminal Court of First Instance (file with appendixes to the
application, appendix 15, tome II, vol. 1, folios 893 to 894).
42
Cf. report of the Criminal Investigations Department of the National Police, Homicide Section,
presented on May 25, 1994, to the Fifth Criminal Court of First Instance (file with appendixes to the
application, appendix 15, tome II, vol. 1, folio 902).
43
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XV).
44
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVII).
45
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVII).
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