5
Court”) the execution of the Judgments issued by the InterAmerican Court in the present case, and, therefore, requested i)
the nullity of the dismissal passed in favor of thirteen of the
defendants brought before the First Instance Court for Criminal
Activity, Drug Trafficking, and Crimes against the Environment, of
the Department of Ratalhuleu (hereinafter “the Court of
Retalhuleu”) of March 8, 1999, and ii) “offer the Plaintiff,” Mrs.
Jennifer Harbury, “participation.” Said First Instance Court had
adopted the mentioned dismissal of 1998 after assessing a variety
of evidence and considering that “there was not enough certainty
that the defendants […] had participated in the accused crimes”
and that “there was no reasonable possibility of including new
evidence;”8
b)
On December 11, 2009, the Supreme Court, upon ruling on
the request filed by the Public Prosecutors’ Office, took into
account i) the principles of pacta sunt servanda and good faith in
compliance with the treaties; ii) that the Inter-American Court
“declared that the domestic Judgment issued violates the universal
legal principles of justice;” and iii) that the State “under the
pretext of domestic legislation cannot obstruct or prevent
compliance with that ordered by the supranational Tribunal.”
Therefore, it declared, “it is necessary to execute the nullity of the
national resolution mentioned” and “start a new proceeding and
offer therein an unrestricted respect of the rules of due process.”
The Supreme Court indicated that the decision of the
aforementioned First Instance Criminal Court “and all the actions
within the criminal proceedings […] C-603-96” were “declared
contrary to the essential processing rights and principles pursuant
with the arguments held” by the Inter-American Court. Thus, the
Supreme Court declared the “self-enforceability of the Judgment
issued by the Inter-American Court” on November 25, 2000, and
“the annulment of the judgment” of the Court of Retalhuleu of
March 8, 1999, and “the judicial actions within the proceedings.”
c)
Thus the Supreme Court ordered that “the procedural
actions be forwarded” to the Court of Retalhuleu, which “shall
comply with”: “[r]equesting from the Courts’ General Archive, or
8
Cf. decision C-603-99-2º.Jdo. issued on March 8, 1999 by the First Instance Court: Criminal
Crimes, Drug Trafficking, and Crimes against the Environment of Retalhuleu (dossier of monitoring
compliance, volume II, folios 1311 to 1315).