77
judgment issued by the Fourth Chamber of the Court of Appeals.172
2003, said Court decided to formally admit these appeals for review;173
On June 3,
134.77.
at the time of the instant Judgment, the Court has not received any
information regarding the outcome of said remedies;
Other remedies filed by the alleged accessories
a) with respect to the “Ley de Reconciliación Nacional”
i. the first request
134.78.
on January 3, 1997, the defendants requested the benefit of
extinguishment of criminal responsibility pursuant to the provisions of the “Ley de
Reconciliación Nacional” or national reconciliation law,174 arguing that despite their
being innocent of the charges against them, the murder of Myrna Mack Chang was a
political crime and therefore they are entitled to the benefits set forth in said law.175
This request gave rise to a stay of the proceedings, pursuant to the provisions of
Article 136 of the law on the judiciary body or “Ley del Organismo Judicial”;176
134.79.
on February 6, 1997, the First Criminal Trial Court of First Instance
decided not to grant the benefit because it was inadmissible, as the crime of murder
was not covered by that law.177 On February 10, 1997, the defendants filed an appeal
against said ruling before the Tenth Chamber of the Court of Appeals;178
134.80.
the Special Prosecutor filed an incidental plea regarding lack of
competence, arguing that the Tenth Chamber was not competent to hear the
proceeding.179 On March 7, 1997, the Tenth Chamber of the Court of Appeals
disqualified itself from hearing the appeal for lack of competence, as according to the
National Reconciliation Law the Supreme Court of Justice had the exclusive authority
172
Cf. appeals for annulment before the Supreme Court of Justice, Criminal Chamber, of May 28,
2003 (file with evidence to facilitate adjudication of the case submitted by the representatives of the
victim on September 5, 2003, leaves 9964 to 10025, 10026 to 10101).
173
Cf. Order of the Supreme Court of Justice, Criminal Chamber, of June 3, 2003 (file with evidence
to facilitate adjudication of the case submitted by the representatives of the victim on September 5,
2003, leaves 10104 to 10105, 9961 to 9962).
174
Cf. Decree No. 145-96, Ley de Reconciliación Nacional or law of national reconciliation (file with
annexes to the application, annex 28, leaves 638 to 640).
175
Cf. request to the First Criminal Trial Court of First Instance on January 3, 1997 (file with
annexes to the brief answering the application and raising preliminary objections, leaves 5642 to 5652).
176
Cf. application by the Inter-American Commission on Human Rights of June 19, 2001 (dossier on
the merits and possible reparations, volume I, leaf 32).
177
Cf. ruling by the First Criminal Trial Court of First Instance of February 6, 1997 (file with annexes
to the application, annex 29, leaves 642 to 644 and file with annexes to the brief answering the
application and raising preliminary objections, leaves 5750 to 5752).
178
Cf. appeal before the First Criminal Trial Court of First Instance of February 10, 1997 (file with
annexes to the brief answering the application and raising preliminary objections, leaves 5761 to 5762).
179
Cf. interlocutory motion regarding lack of jurisdiction filed before the Tenth Chamber of the
Court of Appeals on February 18, 1997 (file with annexes to the brief answering the application and
raising preliminary objections, leaves 6714 to 6716).
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