39 76(36) On July 6 and 7, 1993, 13 members of a band of common criminals were arraigned before the magistrate for Criminal Affairs of Chichicastenango, Department of El Quiché, as perpetrators of the attack against Jorge Carpio Nicolle and his delegation. Subsequently, nine of the 13 were released and four of them, Marcelino Tuy Taniel, Nazario Tuy Taniel, Tomás Pérez Pérez and Jesús Cuc Churunel, remained detained for ten months for the crimes of murder, injuries, aggravated robbery, carrying weapons, and also for possessing and manufacturing explosive materials for the Army’s exclusive use.33 76(37) The proceeding in the Carpio Nicolle case was heard by the El Quiché First Criminal Court of First Instance. On December 8, 1993, this court disqualified itself and, on January 25, 1994, the Ninth Chamber of the Court of Appeal declared that this disqualification was in order, and decided to refer the proceeding to the Second Criminal Court of First Instance.34 However, as the Second Judge of First Instance for Criminal Affairs in charge of the case excused himself on February 8, 1994, the file was forwarded to be heard by the Fifth Criminal Court of First Instance on May 13, 1994.35 76(38) On May 19, 1994, the Fifth Criminal Court of First Instance revoked the pretrial detention order against Marcelino Tuy Taniel, Nazario Tuy Taniel, Tomás Pérez Pérez and Jesús Cuc Churunel for the crimes of murder, injuries and aggravated robbery.36 Marcelino Tuy Taniel and Nazario Tuy Taniel remained in prison for the crime of the manufacture or possession of explosive materials. On May 24, 1994, the Attorney General’s office filed an appeal against this decision.37 On August 4, 1994, the Tenth Appeals Chamber confirmed the contested decision.38 On December 8, 1994, the private complainant, Martha Arrivillaga de Carpio, requested the renewal of the pre-trial detention order against those accused; she also filed an appeal in case the request was refused39 (infra para. 76(42)). 76(39) In June 1994, the Prosecutor General, Ramsés Cuestas Gómez, provided the criminal proceeding with a report prepared by the Homicide Section of the Criminal Investigations Department of the National Police. The report consisted of an expanded version of the results of the investigation into the death of Jorge Carpio 33 Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Pieces I and VI). 34 Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Pieces IV and V). 35 Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Pieces IV and V). 36 Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Piece V). 37 Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Piece V). 38 Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Piece IX). 39 Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Piece XVI).