32
of February 25,55 and June 7, 1993,56 and April 9, 1994,57 respectively, and
forwarded the case to the Appeals Court to decide on the motions for appeal. The
Appeals Court revoked the resolutions whereby the First Criminal Court of Rancagua
had found it had no jurisdiction through the resolutions of April 5,58 and November 9,
1993,59 and October 11, 1994,60 respectively, on the grounds that the investigation
stage had not been concluded and that there was no sufficient certainty to establish
the civil or military status of the individuals involved in the events. Therefore, the
investigation stage was not closed.
82(13) On December 23, 1994, the First Criminal Court of Rancagua declared the
preliminary investigation stage concluded,61 and on December 28 that year Mrs.
Gómez-Olivares, through her representative, requested the Court to “annul” said
resolution.62 On January 2, 1995, the Court set aside its prior resolution.63 However,
on February 8, 1995, the Court declared the conclusion of the investigation stage
again.64 Later, on February 15, 1995, the Court ordered the final dismissal of the
proceedings, pursuant to Decree Law No. 2.19165 (supra para. 82(10)). On
November 3, 1995, the Appeals Court decided to revoke said dismissal and to reopen
the investigation proceedings “since the investigation had not been concluded.”66 On
June 5, 1996, the First Criminal Court of Rancagua declared the investigation
55
Cf. Resolution of the First Criminal Court of Rancagua of February 25, 1993, (record of
appendixes to the State’s final written arguments, Appendix 1, folio 1721).
56
Cf. Resolution of the First Criminal Court of Rancagua of June 7, 1993, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1742).
57
Cf. Resolution of the First Criminal Court of Rancagua of April 9, 1994, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1779).
58
Cf. Resolution of the Appeals Court of Rancagua of April 5, 1993, (record of appendixes to the
State’s final written arguments, Appendix 1, folio 1730).
59
Cf. Resolution of the Appeals Court of Rancagua of November 9, 1993, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1747).
60
Cf. Resolution of the Appeals Court of Rancagua of October 11, 1994, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1788).
61
Cf. Resolution of the First Criminal Court of Rancagua of December 23, 1994, (record of
appendixes to the State’s final written arguments, Appendix 1, folio 1796).
62
Cf. Brief of December 28, 1994 filed by the representative of Mrs. Gómez-Olivares, (record of
appendixes to the State’s final written arguments, Appendix 1, folios 1797 and 1798).
63
Cf. Resolution of the First Criminal Court of Rancagua of January 2, 1995, (record of appendixes
to the State’s final written arguments, Appendix 1, folio 1798).
64
Cf. Resolution of the First Criminal Court of Rancagua of February 8, 1995, (record of appendixes
to the State’s final written arguments, Appendix 1, folio 1802).
65
Cf. Resolution of the First Criminal Court of Rancagua of February 15, 1995, (record of
appendixes to the State’s final written arguments, Appendix 1, folio 1803).
66
Cf. Resolution of the Appeals Court of Rancagua of November 3, 1995, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1817).
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