29
54(34) On July 20, 2001 Mrs. Teresa Reyes Reyes presented an habeas corpus in favor
of Messrs. Alfredo López Álvarez and Luis Ángel Acosta before the Appellate Court of la
Ceiba, based on the fact that said Appellate Court had decided to “declare ex officio
the absolute nullity of the actions as of and including the decision of October 08, 1997,
[…] in order to correct the defects[, and] that it is clear that in the present case there
had been an excessive and unjustified delay in the processing of the criminal case
against the injured parties and based on that […] their detention had become illegal.”57
54(35) On July 23, 2001 the Appellate Court of la Ceiba declared the appeal presented
by Mrs. Reyes Reyes inadmissible, based on the fact that the procedural action of
declaring ex officio the nullity of the actions due to procedural breaches “did not
constitute a violation of constitutional guarantees,” and that “on the other hand it did
not appear that any of the alleged injured parties were illegally detained or that they
were being object of humiliations or burdens by any authority.”58
54(36) On January 16, 2002 Mr. José Luis Mejía Herrera, public defense counsel of Mr.
Alfredo López Álvarez requested the annulment of the commitment order of May 2,
1997 (supra para. 54(20)) and his immediate release based on the fact the “there
were no evidentiary elements valid to consider the body of the crime as completely
established, […] since there would always be a reasonable doubt regarding if the
substance that was allegedly seized was or was not cocaine.” On January 24, 2002 the
Sectional Court of First Instance of Tela declared the request for annulment of the
commitment order inadmissible, since all actions ordered after October 8, 1997 lacked
any legal value.59
54(37) On January 30, 2002 Mr. Luis Mejía Herrera, public defense counsel of Mr.
Alfredo López Álvarez, in the act of the notification of the decision of January 24, 2002,
presented before the Sectional Court of First Instance of Tela an application for
reconsideration and additionally a motion of appeal against the mentioned decision. On
February 1, 2002 the application for reconsideration was declared inadmissible and the
motion of appeal was admitted and forwarded to the Appellate Court of la Ceiba. On
June 18, 2002 the Appellate Court of la Ceiba declared the appeal presented
inadmissible, and declared that “the trial would continue until the issuing of the final
judgment.”60
54(38) On July 30, 2002 the Sectional Court of First Instance of Tela forwarded the
trial to full trial and notified the parties so they could formalize the accusation and to
57
Cf. habeas corpus presented by Teresa Reyes Reyes in favor of Alfredo López-Álvarez and Luis
Ángel Acosta before the Appellate Court of la Ceiba on July 20, 2001 (dossier of appendixes to the petition,
appendix 3, folios 119 through 122).
58
Cf. judgment on the habeas corpus issued by the Appellate Court of la Ceiba on July 23, 2001
(dossier of appendixes to the petition, appendix 3, folio 123).
59
Cf. request for annulment of the commitment order and release of January 16, 2002 (dossier of
appendixes to the response to the petition, volume II, folios 655 through 657), and decision of the Sectional
Court of First Instance of Tela of January 24, 2002 (dossier of appendixes to the response to the petition,
volume II, folios 658 and 659).
60
Cf. manuscript note of the presentation of the application for reconsideration and appeal by Mr. José
Luis Mejía Herrera on January 30, 2002 (dossier of appendixes to the response to the petition, volume II,
folio 665); ruling of the Sectional Court of First Instance of Tela of February 1, 2002 (dossier of appendixes
to the response to the petition, volume II, folio 670), and certification of the ruling of the Appellate Court of
la Ceiba of June 18, 2002 (dossier of appendixes to the response to the petition, volume II, folios 675 y
676).
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