64 detainees, but instead, as a an alternative measure, he set a bail bond of fifty thousand quetzales each and the obligation to sign the respective book at the Court every fifteen days.84 On June 17, 1996, the private accuser appealed against this ruling, as the accused had demonstrated an obvious will to alter the evidence and obstruct the action of the legal system, for which reason they should be remanded in custody.85 The accused appealed the ruling, based on the argument that there were not sufficient grounds to issue the order against them.86 The ruling of the Military Court was upheld on July 1, 1996 by the Fourth Chamber of the Court of Appeals;87 Transfer of the case to civilian jurisdiction in view of Decree No. 41-96 134.33. in July, 1996, a Congressional decree established that military jurisdiction would only apply to members of the armed forces who committed military crimes that affected the Army.88 All applicable cases pending before military courts were transferred by the Supreme Court of Justice to civil courts;89 134.34. on July 24, 1996, the Supreme Court of Justice forwarded the case records of the Military Court of First Instance of the Department of Guatemala to the First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance, which was a civil court.90 On July 30, 1996, the latter Court decided to disqualify itself from hearing the case and forwarded the case records to the First Criminal Trial Court of First Instance, which was a specially designated court to hear cases under the former criminal procedures court that had been repealed, as it was deemed that that the proceeding against Edgar Augusto Godoy Gaitán, Juan Valencia Osorio and Juan Guillermo Oliva Carrera was a continuation of that against Noel de Jesús Beteta Álvarez, in which an order for the trial to commence had already been issued and therefore the rest of the proceeding should take place under the procedural code that had been repealed;91 84 Cf. ruling by the Military Court of First Instance on June 11, 1996 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5272 to 5273). 85 Cf. appeal by the private accuser filed before the Military Court of First Instance on June 17, 1996 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5343 to 5351). 86 Cf. appeal by Edgar Augusto Godoy Gaitán, Juan Valencia Osorio and Juan Guillermo Oliva filed before the Military Court of First Instance on June 17, 1996 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5353 to 5370). 87 Cf. Order of the Fourth Chamber of the Court of Appeals on July 1, 1996 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5386 to 5387). 88 Cf. Decree No. 41-96 (file with annexes to the brief with requests, pleadings and evidence submitted by the representatives of the next of kin of the victim, annex R-VII-11, leaves 2753 to 2754). 89 Cf. Agreement No. 26-96 of the Supreme Court of Justice (file with annexes including requests, pleadings and evidence submitted by the representatives of the next of kin of the victim, annex R-III-28, leaves 2216 to 2217). 90 Cf. Order of the Supreme Court of Justice of July 24, 1996 (file with annexes to the brief answering the application and raising preliminary objections, leaf 5439). 91 Cf. ruling by the First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance of July 30, 1996 (file with annexes to the application, annex 27, leaves 634 to 636 and file with annexes including answer to the application and filing of preliminary objections, leaves 5440 to 5442).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents