59
“dilatory and obstructionist” effects, the 59 abstentions before mentioned did cause a delay
of approximately 310 days, that is to say, almost 11 months, which, according to the
Court, is a notable period of delay given that, during that time, the proceeding was
brought to a halt.
181. Hence, apart from the foregoing, the Tribunal deems that it is appropriate also to
analyze the general phenomena that represent the filing of approximately 111 abstentions
in just one criminal proceeding. Specifically, the Court requested the State to present, to
facilitate adjudication of the case, general information related to the domestic processing
of the abstentions filed by the judges as well as the legal provisions applicable to this
issue. In its final written arguments, the State referred to the provisions applicable to the
criminal proceeding, which corresponds to an old Criminal Code, and explained that the
Code of Criminal Procedure of 1972, together with the Ley de Abreviación Civil y de
Asistencia Familiar (Law To Shorten Periods in Civil Proceedings and Family Assistance)
(Law 1760) of February 28, 1997, were applicable.
District of Santa Cruz (volume 8, folios 4783, 4785 and 4796). These abstentions referred to the presentation of
a remedy of appeal againts an order the rejected a request of expansion of the initial order of investigaion of
June 1, 2002. d) From October 19 to 30, 2004, 3 Members of the First Criminal Chamber and 3 Members of the
Second Criminal Chamber of the Superior Court of the District of Santa Cruz abstained from solving 3 appeal
remedies filed by Rebeca Ibsen Castro, among others, on September 9, 2004, against an order of the Ninth First
Instance Criminal Judge of Santa Cruz of September 8, 2004, that annuled an order of forman detentione
previously ordered by the Judge of the Province or Warnes against one of the accused and, instead, [the Ninth
First Instance Criminal Judge of Santa Cruz] ordered to maintain the precautionary measures previously ordered
by another judge with some modifications (volume 15, folios 7023, 7029, 7124 and 7125). e) From October 19
to 30, 2004, 3 Members of the First Criminal Chamber and 3 Members of the Second Criminal Chamber of the
Superior Court of District of Santa Cruz abstained. These abstentions were filed regarding a remedy of appeal
filed by Rebeca Ibsen Castro on September 9, 2004, against an order of Ninth First Instance Criminal Judge of
the Capital Santa Cruz issued on September 7, 2004, that maintained the substitute measures to detention
declared and the amount of the bail imposed to each one of the accused (volume 15, folios 7124 to 7125 and
7239, 7243). f) From October 19 to 30, 2004 3 Members of the First Criminal Chamber and 3 Members of the
Second Criminal Chamber of the Superior Court of District of Santa Cruz abstaind from solving the remedies of
appeal filed by the accused and Rebeca Ibsen Castro against the order of prosecution issued on June 7, 2004, by
the First Instance Judge of Warnes (volume 20, folios 8461, 8467, 8473 to 8474). g) From October 21 to
November 4, 2004 6 abstentions were filed in total by 3 Members of the First Criminal Chamber and 3 Members
of the Second Criminal Chamber of the Superior Court of District of Santa Cruz (volume 15, folios 7014, 7015,
7023 and 7029). These abstentions were filed regarding two remedies of appeal filed by Rebeca Ibsen Castro,
among other, on September 4, 2004 against the order of the Ninth First Instance Criminal Judge of the Capital
Santa Cruz issued on September 1, 2004, that annuled an order of formal detention issued by the Judge of the
Province of Warnes against one of the accused, instead [the Ninth First Instance Criminal Judge of the Capital
Santa Cruz] ordered the subsistence of an precautionary measures order previously issued. h) From November
12 to 22, 2004, 3 Members of the First Criminal Chamber and 3 Members of the Second Criminal Chamber of the
Superior Court of District of Santa Cruz abstained from solving a remedy of appeal file by one of the accused
against a decision of the Ninth First Instance Criminal Judge issued on October 25, 2004, that rejected a request
of cessation of a preventive detention previously declared (volume 19, folios 8072, 8078 and 8089). i) On
February 25, 2005, 3 Members of the First Criminal Chamber of the Superior Court of District abstained from
solving an elevation to consultation on the lawfulness of some of the abstentions, which was filed by the First
First Instance Civil Judge of the Capital before the Superior Court of District of Santa Cruz (volume 18, folio
7800). j) From August 17 to October 28, 2005 8 abstentions were filed by 3 Members of the Second Criminal
Chamber, 2 Members of the Social Administrative Chamber and 3 co-judges of the Superior Court of District,
respectively (appendixes to the answer to the application, volume 28, folios 19823, 19832, 19835, 19837 and
19841). These abstentions were filed regarding a remedy of appeal for legal protection filed by the accused
against the ruling of April 18, 2005, of the First Civil Chamber of the Superior Court of Justice of Santa Cruz that
reversed an order of extinction of the criminal action on January 19, 2005. k) From July 4 to 28, 2007, 3
abstentions were filed by Members of the First Criminal Chamber and 3 Members of the Second Criminal
Chamber of the Superior Court of District of Santa Cruz (volume 24, folios 9807 and 9809). These abstentions
were filed regarding a remedy of appeal filed by Mrs. Rebeca Ibsen Castro, among other, on June 18, 2007
agains the ruling of the Seventh First Instance Civil and Commercial Judge on June 15, 2007, that ordered the
del Juez Séptimo de Partido en Materia Civil y Comercial de 15 de junio de 2007 that ordered the cessationf of
the preventive detention of one of the accused.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos