Alfaro was sentenced to seventeen years in prison in the National
Penitentiary.
12.
Regarding those charged as abettors, the petitioners state that on
August 20, 2001 the judge ruled for the dismissal with prejudice of the
charges against two of them, Mr. Miguel Facussé Barjúm and Mr. Irene
Castro without having before heard them and without having carried out
any procedures related to them. The petitioners further state that this
court ruling was appealed on August 27, 2001, and that in its judgment
of November 14, 2001, the Court of Appeals overturned the dismissal
due to the lack of testimony received from the alleged abettors. Both
men charged with abetting lodged a recurso de amparo [petition for the
protection of constitutional rights] before the Constitutional Chamber of
the Supreme Court of Justice. On August 8, 2003 this Chamber denied
the petition on the grounds that the testimony of the alleged abettors
had not been heard, and returned the case to the Juez de Letras
Seccional de Tocoa [Judge of the First Instance of Tocoa].6 The
petitioners state that the same Chamber took nearly two years to
resolve the appeal (from November 2001 to August 2003), which
entails, as a logical consequence, a delay in the administration of
justice.
13.
The petitioners stress that, in all, more than six years have
elapsed since the opening of the proceedings without a definitive
judgment having been reached against all the responsible parties. This
lapse of time is beyond the limits of what is reasonable. They claim that
the Code of Criminal Procedure provides that “the procedures of the
preliminary inquiry ... shall not last more than one month...” and that in
the separate proceedings against the abettors this phase has been
ongoing for six years. Moreover, the case does not present the
complexity alleged by the State, given that one of the perpetrators of
the execution has been punished and two of those charged as abettors
have been acquitted with unprecedented celerity. In this respect, they
note that on a single day, October 14, 2003, the Juzgado de Letras
Seccional de Tocoa [Court of the First Instance of Tocoa] processed and
decided upon several procedures: it received a petition for the voluntary
appearance of the alleged abettors Messrs. Miguel Facussé Barjúm and
Irene Castro; it ruled the dismissal with prejudice, of their charges,
ruling, moreover, that this decision should have the effects of res
judicata, and authorized the provisional release of both. The petitioners
6 Judgment of the Supreme Court of Justice, Constitutional Chamber, August
8, 2003, Annex 1 of the petitioners’ brief of April 23, 2004, received by the
IACHR on the 24th day of the same month and year.
5
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