33 proceedings closed once again.67 The Appeals Court decided to revoke said resolution and, additionally, ordered the Court “to impose penalties for criminal liability” upon the alleged offender Neveu-Cortesi.68 82(14) On August 31, 1996, the First Criminal Court of Rancagua passed a resolution whereby “legal proceedings were brought against [Manuel Segundo Castro-Osorio], as accomplice[,] and [Raúl Hernán Neveu-Cortesi], as perpetrator of the murder of Luis Alfredo Almonacid-Arellano.” Furthermore, the Court ordered the arrest of Castro-Osorio and instructed the Prefectura de Carabineros (Police Department) of Curicó to bring Neveu-Cortesi before the Court.69 82(15) On October 3, 1996, the First Criminal Court of Rancagua decided to release Mr. Castro-Osorio70 on bail, a decision that was confirmed by the Appeals Court on October 4, 1996.71 Immediately afterwards, on October 5, 1996, Castro-Osorio filed a motion for appeal against the decision of the First Criminal Court of Rancagua that initiated proceedings against him72 (supra para. 82(14)). The Appeals Court decided to revoke the resolution appealed and declared Mr. Castro-Osorio as non-indicted.73 82(16) On September 27, 1996, the Second Military Court of Santiago requested the First Criminal Court of Rancagua to decline jurisdiction over the case, on the grounds that the accused Castro-Osorio and Neveu-Cortesi “on the date of the events were on active duty under military jurisdiction.” Furthermore, the Military Court sustained that at the time of the events, “Decree Law No. 5 of [S]eptember 12, 1973, which declared [...] the state of siege [,] on the grounds of civil commotion, was in force [, and] that in view of the circumstances in which the country was enmeshed, said situation should be construed as a state or time of war.”74 On October 7, 1996, the First Criminal Court of Rancagua denied the motion for dismissal for lack of jurisdiction filed by the Second Military Court since “there were no grounds to 67 Cf. Resolution of the First Criminal Court of Rancagua of June 5, 1996, (record of appendixes to the State’s final written arguments, Appendix 1, folio 1854). 68 Cf. Resolution of the Appeals Court of Rancagua of August 28, 1996, (record of appendixes to the State’s final written arguments, Appendix 1, folios 1873 and 1874). 69 Cf. Resolution of the First Criminal Court of Rancagua of August 31, 1996, (record of appendixes to the State’s final written arguments, Appendix 1, folios 1877 and 1878). 70 Cf. Resolution of the First Criminal Court of Rancagua of October 3, 1996, (record of appendixes to the State’s final written arguments, Appendix 1, folio 1902). 71 Cf. Resolution of the Appeals Court of Rancagua of October 4, 1996, (record of appendixes to the State’s final written arguments, Appendix 1, folio 1907). 72 Cf. Motion for appeal filed by the representative of Mrs. Gómez-Olivares on October 5, 1996, (record of appendixes to the State’s final written arguments, Appendix 1, folios 1917 and 1918). 73 Cf. Resolution of the Appeals Court of Rancagua of October 30, 1996, (record of appendixes to the State’s final written arguments, Appendix 1, folio 2044). 74 Cf. Motion for dismissal for lack of jurisdiction filed by the Second Military Court of Santiago against the First Criminal Court of Rancagua on September 27, 1996, (record of appendixes to the State’s final written arguments, Appendix 1, folios 1886 and 1887).