66
inadmissible.100On March 14, 1997, the private accuser filed an appeal against that
ruling and the case records were forwarded to the Constitutional Court;101
134.38.
on September 13, 1996, since the appeal filed against the Ruling of the
First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance had
been found inadmissible, the Special Prosecutor in charge of the case filed an
inhibitory “query on competence” before that same Court, for the proceeding to be
heard pursuant to the Criminal Procedures Code in force.102 This Court received the
writ and forwarded it to the First Criminal Trial Court of First Instance without issuing
a decision or ruling on it;103
134.39.
on September 19, 1996, the First Criminal Trial Court of First Instance,
which had received the case file from the First Criminal, Drug Trafficking and
Environmental Crimes Court of First Instance, when it analyzed the case records,
filed a “query on competence” and therefore it forwarded the case records to the
Supreme Court of Justice for it to decide.104 It also forwarded to the Supreme Court
the “inhibitory query on competence” that had been filed by the Public Prosecutor in
the case;105
134.40.
on October 15, 1996, the Supreme Court ruled that the case should be
processed according to the provisions of the Criminal Procedures Court that had been
repealed, based on the fact that the order to commence trial had already been issued
when the proceeding against the current defendants was left open.106 On November
19 and December 10, 1996, the private accuser and the Public Prosecutor’s Office,
respectively, filed amparo remedies before the Constitutional Court against that
ruling;107
100
Cf. writ issued by the Third Chamber of the Court of Appeals on March 14, 1997 (file with
annexes to the brief answering the application and raising preliminary objections, leaf 6274).
101
Cf. writ issued by the Third Chamber of the Court of Appeals on March 14, 1997 (file with
annexes to the brief answering the application and raising preliminary objections, leaf 6274).
102
Cf. query regarding competence before the First Criminal, Drug Trafficking and Environmental
Crimes Court of First Instance on September 13, 1996 (file with annexes to the brief answering the
application and raising preliminary objections, leaves 5517 to 5521).
103
Cf. ruling by the First Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance on September 17, 1996 (file with annexes to the brief answering the application and raising
preliminary objections, leaf 5522).
104
Cf. query regarding competence by the First Criminal Trial Court of First Instance of September
19, (file with annexes to the brief answering the application and raising preliminary objections, leaves
5515 to 5516).
105
Cf. application by the Inter-American Commission on Human Rights of June 19, 2001 (dossier on
the merits and possible reparations, volume I, leaf 30).
106
Cf. ruling by the Supreme Court of Justice of October 15, 1996 (file with annexes to the brief
answering the application and raising preliminary objections, leaves 5536 to 5538).
107
Cf. Judgment of the Constitutional Court of August 12, 1997 (file with annexes to the application,
annex 33, leaves 676 to 697 and file with annexes to the brief answering the application and raising
preliminary objections, leaves 6221 to 6242).
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