441. Now, despite the fact that on Wednesday, May 24, 2006, it had been announced that Mr. Martínez would not be present at the hearing on Friday, May 26, the record of this last session does not state that Mr. Martínez was not present, something that does occur in other records of the trial hearings. There is also no record that his defense attorney objected to holding the hearing in the event that Mr. Martínez was not present. 619 Therefore, the Court does not have elements to rule in respect of the hearing of Friday, May 26, 2006. 442. Second, Mr. Martínez was present at all times during the hearing of September 13, 2006. 620 443. Third, it appears that during the hearings of July 13, 621 August 1, 622 9 623 and 16, 624 and September 5 625, 8 626 and 19 627 2006, Mr. Martínez was present during most of the time, being absent for only a few minutes due to different situations; however, whenever he was absent, his lawyer remained at the hearing as his representative. At the time of his absence, Mr. Martínez gave his express or tacit authorization to his attorney, by not opposing the taking of evidence. 444. However, during the hearing of August 3, 2006, Mr. Martínez had to leave the hearing for five minutes due to a medical problem. On this occasion, the defense counsel told the trial court that he did not agree to continue with the admission of documentary evidence until Mr. Martínez returned, since he “did not have express authorization to represent his client.” Although it is true that on that occasion the Court ordered that “the respective defense counsel be authorized from this moment on, so that when any of the co-defendants deprived of liberty suffer health problems, they may be represented in the admission of documentary evidence.” The trial record shows that, in fact, the admission of the evidence did not take place until Mr. Martínez returned to the courtroom. 628 445. Fourth, the trial record shows that on August 23, 2006, two hearings took place and that Mr. Martínez was not present at the first hearing, or during the first 30 minutes of the second. 629 The also record shows that evidence was taken during said hearings because Mr. Martínez’s absence that day was unjustified: “[…] Today, evidence will be admitted during the first hearing, and then the judge notes that the defendants did not come, that they are not authorized to be absent and are required to attend, […] and as the Court had already stipulated, it is not necessary for the accused to be present to take evidence. The defense attorneys of the defendants are told that they must talk to them since they do what they want, the defendants Jorge and [S] Martínez did not want to come this morning when the guards went for them saying that they had a medical appointment at nine in the morning. The lawyer Laura Sánchez called the prison doctor who reported that the defendants did not have a medical appointment today, […] so the defense attorneys are asked to speak to their clients because they are not allowed to be absent during the trial without permission […].” 630 Cf. Record of Hearing No. 40 of May 26, 2006 (evidence file, folio 24895). Cf. Record of Hearings No. 169 and 170 of September 13, 2006 (evidence file, folio 25167). 621 Cf. Record of Hearings No. 94 and 95 of July 13, 2006 (evidence file, folio 25020). 622 Cf. Record of Hearings No. 115 and 116 of August 1, 2006 (evidence file, folio 25066). 623 Cf. Record of Hearings No. 125 and 126 of August 9, 2006 (evidence file, folio 25083). 624 Record of Hearings No. 134 and 135 of August 16, 2006 (evidence file, folio 25096). 625 Cf. Record of Hearings No. 158 and 159 of September 5, 2006 (evidence file, folios 25151 to 25152). 626 Cf. Record of Hearing No. 164 of September 8, 2006 (evidence file, folio 25161). 627 Cf. Record of Hearings No. 174 and 175 of September 19, 2006 (evidence file, folios 25178 to 25179). 628 […] when the defendant Jorge Martínez enters at 14:15 hours, he is informed of the court’s provisions. Next, the session continues with the prosecutor’s cross-examination of the witness […]. Cf. Record of Hearings No. 117 and 118 of August 3, 2006 (evidence file, folios 25068 to 25070). 629 Cf. Record of Hearings No. 141 and 142 of August 23, 2006 (evidence file, folios 25112 to 25115). 630 Cf. Record of Hearings No. 141 and 142 of August 23, 2006 (evidence file, folio 25113). 619 620 136