75.
On June 12, 2007, the First Civil Court took a statement from Jorge Alejandro
Fuentes Poblete80 and, on June 15, 2007, from Alejandra Marcela Fuentes Poblete. 81
76.
On January 21, 2008, the First Civil Court ordered a “report on the mental faculties
of Cesia Pob[l]ete Tapia and Vinicio Pob[le]te Tapia.” 82 In an order dated May 30, 2008, the Legal
Medical Service reported that it had received no such request. 83
77.
On March 6, 2008, the Supreme Court of Justice resolved as follows: “Let the
petitioner know that the undersigned President has no powers to intervene in proceedings before
other courts of the Republic, and that the filing of procedural remedies — in the ways, instances, and
occasions indicated by law — is the optimal way to lodge claims regarding judicial rulings that the
parties deem unfavorable to their interests.”84
78.
On May 3, 2008, the case file was admitted to the docket of the Court of Appeal of
San Miguel and was returned to the first-instance Court on May 14, 2008.85
79.
On June 11, 2008, the First Civil Court ruled the committal proceedings closed 86 and,
on June 30, issued a second dismissal of the case, stating that: “Whereas: based on the facts gathered
in the proceedings, the existence of the alleged crime has not been sufficiently established (…) and
also bearing in mind the provision of Article 409, section No. 1, of the Code of Criminal Procedure,
this case is temporarily dismissed until new and better evidence for the investigation is collected.” 87
80.
On August 4, 2008, the plaintiffs’ attorneys requested that the case be withdrawn
from the archive in light of the existence of new and better evidence; 88 and on August 5, 2008, the
First Civil Court ordered the case withdrawn from the archive. 89
81.
On August 28, 2008, the Supreme Court of Justice requested that the First Civil Court
submit a copy of the proceedings in case No. 75.821, against María Chacón Fernández and others for
the crime of homicide,90 which was provided on September 9, 2008.91
80 Annex 5. Statement given to the First Civil Court by Jorge Alejandro Fuentes Poblete on June 12, 2007 (annex to
the State’s submission of September 23, 2008).
81 Annex 12. Statement given to the First Civil Court by Alejandra Marcela Fuentes Poblete on June 15, 2007 (annex
to the State’s submission of 23 September 2008).
82
Annex 62. First Civil Court, order of January 21, 2008 (annex to the State’s submission of September 23, 2008).
Annex 63. Legal Medical Service, Order No. 10187 of May 30, 2008, addressed to the First Civil Court (annex to
the State’s submission of September 23, 2008).
83
84
2008).
Annex 64. Supreme Court of Justice, resolution of March 6, 2008 (annex to the petitioners’ submission of May 3,
85 Annex 65. Court of Appeal of San Miguel, order of May 3, 2008 (annex to the State’s submission of September 23,
2008); and Annex 66. Court of Appeal of San Miguel, order of May 14, 2008 (annex to the State’s submission of September 23,
2008).
86
Annex 67. First Civil Court, order of June 11, 2008 (annex to the State’s submission of September 23, 2008).
87
Annex 69. First Civil Court, order of June 30, 2008 (annex to the State’s submission of September 23, 2008).
Annex 70. Submission of the plaintiffs’ attorneys, received on August 4, 2008 (annex to the State’s submission of
September 23, 2008).
88
89
Annex 71. First Civil Court, order of August 5, 2008 (annex to the State’s submission of September 23, 2008).
Annex 72. Supreme Court of Justice, Order No. 4824 of August 28, 2008, addressed to the First Civil Court (annex
to the State’s submission of September 23, 2008).
90
91
Annex 73. First Civil Court, order of September 9, 2008 (annex to the State’s submission of September 23, 2008).
15