44 76(59) On April 28, 1999, almost 18 months after the appeal against the judgment of first instance had been filed (supra para. 76(58)), the Third Chamber of the Court of Appeal revoked the judgment of October 15, 1997 (supra para. 76(53) and 76(54)) and acquitted Juan Acabal Patzán, the only person sentenced in first instance for the execution of Jorge Carpio Nicolle and the members of his delegation, and for the attempted murder of Sydney Shaw Díaz, due to lack of evidence, ordering his immediate release. Regarding the lack of evidence, the Chamber considered that, since there was no official record of the entry and registration of this evidence in the Evidence Control Section (supra para. 76(33)), it was not possible to know what objects the ballistics expert, Oscar Abel García Arroyo, had evaluated (supra para. 76(26)); also, if the evidence was not fully identified, that expert report or any other could not be taken into consideration. However, in the same judgment, the Chamber decided that political motivation possibly existed, principally with regard to Jorge Carpio Nicolle, it therefore left the proceeding open against those who might be found to have masterminded the crime. The Chamber also left open the proceeding for perjury against Mr. García Arroyo, who had provided the ballistics report.61 76(60) On June 25, 1999, the Attorney General’s office filed a petition for annulment, to demonstrate the defects de facto and de jure and to contest the judgment of second instance handed down by the Third Chamber of the Court of Appeal62. 76(61) On August 30, 1999, the Criminal Chamber of the Supreme Court of Justice rejected outright, the petition for annulment and considered, inter alia, that the prosecutor had not accredited who he was representing or indicated an address to receive notifications; that the petition did fulfill the requirements for a first request, and that, in the motives for annulment, the argument relating to each of the laws reportedly violated had not been stated.63 The threats and other acts against the persons involved in the proceeding 76(62) The magistrate, Ernesto Solís Chávez, who was involved in the Carpio Nicolle case, reported that he was threatened by the Civilian Self-Defense Patrols; he asked to be transferred to another jurisdiction. 61 Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Piece XLIV). 62 Cf. petition for annulment filed by the Attorney General’s office (Ministerio Público) before the Supreme Court of Justice on June 25, 1999, against the judgment of April 28, 1999 (file with appendixes to the application, appendix 20, tome II, vol. 2, folios 1049 to 1063). 63 Cf. judicial decision of the Supreme Court of Justice, Criminal Chamber, rejecting the petition for annulment filed by the Attorney General’s office on June 25, 1999 (file with appendixes to the application, appendix 20, tome II, vol. 2, folios 1064 and 1065); and copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Piece XLIV).