proceedings; 454 vi) violation of the right of defense due to the refusal to admit and examine
helpful evidence arising from the evidence presented by the Public Prosecutor’s Office; 455 vii)
violation of the principle of objectivity and impartiality of the judge; 456 viii) violation of the
Supreme Court of Justice, of March 11, 2008, (evidence file, folios 33956, 33957, 33959, 33965, 33966, 33967,
33968 and 33969)
452
iii) “The appellants alleged that […] the sentencing court failed to comply with the order issued by this
same Chamber in decision 2005-878 […] of August 12, 2005, according to which, the trial was to be held without
interruptions and by a court appointed solely for that purpose. […] The appellants list each of the suspensions
made […] for personal reasons of the defense counsel or the judges […]. They refer to occasions when the
members of the court received documents or files to study or sign without the trial being suspended for that
purpose [,] [which] led the judges to commit serious errors in the assessment of the evidence […].” The Chamber
dismissed the claims, pointing out that “from the trial records, it may be concluded with complete certainty that
the court devoted itself exclusively to hearing this matter, and, only exceptionally, its members attended to what
they called ‘desk work’, extradition proceedings, pretrial detention hearings or conciliation hearings. […] Likewise,
there were circumstances that merited short suspensions or recesses, in all cases, never for more than ten days,
as in the previous cases, and which correspond to situations that cannot be avoided, typical of social coexistence
and the organization of the Judiciary […]. Bearing in mind that it was a trial [lasting] about 16 months, in which
fifteen people participated, [it] took place with reasonable normality and regularity, with the aforementioned
exceptions […]” Cf. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, of March 11,
2008, (evidence file, folios 33970, 33974 and 33975).
453
iv) The Third Chamber held that “held that "[t]he objection cannot be accepted. [...] the complainants
rely on the simple description of the alleged error without specifying, in each case, the harm caused, in view of
the body of evidence […] in any case, the documents in question were used at the time the expert accounting
report was prepared, and therefore their identity was assured despite the loss of the originals. […]” Cf. (evidence
file, folio 33976).
454
v) According to the appellant, “[d]uring the trial the court reversed the principle of orality, establishing
that the documentary evidence would not be read in its entirety, but only reviewed, unless the interested party
expressly requested otherwise. However, they had been prohibited from addressing the court in person […]. In
some cases, the reading of documentary evidence was denied despite the defense's request [...].” The Chamber
rejected the claim, pointing out that, after "studying the minutes of the proceedings, it could not detect a single
occasion in which the defendants or their counsel had been denied their request for the reading of any document
[…]” Cf. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, of March 11, 2008,
(evidence file, folio 33977).
455
vi) In addition, according to the appellant, the admission of his evidence by the judge in the preparatory
stage was partially and arbitrarily revoked. The Chamber referred to the study of the first reason alleged by Mr.
Martínez and had already analyzed, and rejected the argument, stating that "having determined that the already
sentenced [HDBH] was a public official, [...] the aforementioned document [...] is irrelevant [...]. On the other
hand, as regards the plea bargain (criterio de oportunidad) signed by the defendant [WRA], the court's decision
to reject it has no bearing [...] on the decision, since the purpose of the document was to demonstrate that the
witness had a motive to lie [...].”Regarding the alleged partial revocation, in an arbitrary manner, of the admission
of his evidence in the preparatory stage, the Chamber found that “what the court did on that occasion was to
order part of the evidence that had been admitted and to correct the work of the Judge in the intermediate stage
who had admitted evidence that had not been determined, for example, referring to a plastic bag or an unnamed
file. Moreover, the judges described as unfair the conduct of the [...] public defender of the defendant Jorge
Martínez Meléndez, who continually gave different content to the evidence, to documents that had already been
incorporated. Thus, this was not an illegitimate action by the Court, but rather derived from a detailed study of
the evidence offered. Finally, regarding the rejection of the list of persons registered in the Civil Registry under
the name [CM...] at this stage of the proceedings it is not reasonable to carry out the procedures of location and
summons to trial […]. The same is true of the missing certifications or accounting documents that are also referred
to, since, in all cases, they even refer to individual facts that, even if one were to resort to an exercise of
hypothetical suppression in the universe of proven facts, [...] the mechanism would remain unchanged.” Cf.
Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, of March 11, 2008, (evidence
file, folio 33981).
456
vii) The appellant alleged the lack of impartiality of Judge MMN, for “having participated in stages prior
to the debate and having issued evaluative criteria on the guilt of the convicted person.” The Chamber pointed
out that "[t]hese arguments cannot be considered. [...] On that occasion, the judges did no more than analyze
the existence of the conditions that would justify the continuation of the pretrial detention of the co-defendant
[MMM…] based on the conviction issued against him, without resorting to value phrases or assumptions. […The
assertion] that the judgment found that the transfer of money to the accounts of the Martínez brothers [...] was
a conclusion of the conviction that had just been handed down and not the court’s own invention. Thus […] the
prior knowledge that [Judge MMN] had of this matter did not imply the formation of an opinion that would
subsequently compromise her impartiality […].[T]he rest of the situations denounced do not constitute a violation
of the principle of impartiality [...] and, rather, correspond to speculation of the appellants […]” Cf. Decision No.
2008-00232 of the Third Chamber of the Supreme Court of Justice, of March 11, 2008, (evidence file, folio 33982).
103