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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