41
Patzán and Francisco Ixcoy López and rectified the proceeding. However, it did not
refer to facts that had been brought to light when the case had been opened for
evidence, and continued to consider the matter as if it related to ordinary criminal
activities. Consequently, on July 7, 1995, the private complainant filed a petition for
clarification of certain points and expansion and, on July 14, 1995, the Attorney
General’s office took steps to ensure that this petition was declared admissible.46
76(45) On May 19, 1995, the Fifth Criminal Court of First Instance, “owing to a
procedural element and considering [it] admissible,” revoked the pre-trial detention
order (supra para. 76(44)) issued against Jesús Cuc Churunel, Francisco Ixcoy López
and Tomás Pérez Pérez for allegedly committing the crime of attempted murder.47
76(46) On August 9, 1995, the Fifth Criminal Court of First Instance declared the
petition for clarification and expansion filed by the private complainant inadmissible
(supra para. 76(44)).48
76(47) On August 16, 1995, the private complainant filed an appeal before the Fifth
Criminal Court of First Instance against the decision of May 18, 1995 (supra para.
76(44)). On August 29, 1995, this court admitted the appeal. On September 11,
1995, the Attorney General’s office endorsed the appeal.49
76(48) On October 16, 1995, the Tenth Chamber of the Court of Appeal decided
this appeal, and “validated and retained the legal effects of the notifications, the
hearings of the parties to the proceedings, and the procedure of receiving all the
evidence collected during the probative stage”; it revoked the part of the contested
order referring to the renewal of the pre-trial detention order against Marcelino Tuy
Taniel, Nazario Tuy Taniel, Tomás Pérez Pérez, Jesús Cuc Churunel and Francisco
Ixcoy López for the crime of injuries, which had been amended to the crime of
attempted murder; in the contested order, it revoked the justiciable facts formulated
against these amendments; it ordered the judge a quo to restore the procedural
measures according to law,50 and referred the case to the First Criminal Court of First
Instance.
76(49) On January 24, 1996, the judge a quo of the First Criminal Court of First
Instance, instead of executing the decisions of the Tenth Chamber of the Court of
Appeal concerning the renewal of the pre-trial detention order (supra para. 76(48)),
notified an order requiring additional steps to taken and did not grant further
hearings to the parties so that they could submit evidence relating to the new
classification of the crime. On January 26 and 31, 1996, the Attorney General’s office
and the private complainant, respectively, filed appeals against the decision of
January 24, 1996. Accordingly, on April 15, 1996, the Tenth Chamber of the Court
46
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVII).
47
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVII).
48
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVII).
49
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVII).
50
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVIII).
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