44
173. Mr. Damas Vega filed three motions for review of conviction, which were consolidated
into one motion on October 1, 2010, by the Third Chamber. In these motions, he argued violation of the
principle of impartiality because the judge, who issued a preventive detention order against him, was
the same judge who ruled on the appeal of said measure.290
174. On August 29, 2012, the Third Chamber granted the motion for review of conviction.291
It noted that judicial officials misplace the file of precautionary measures [for preventive detention].292
The Third Chamber held that the judge who issued the preventive detention order on August 25, 1999,
examined the facts and had direct contact with the testimonial evidence, and subsequently did not
recuse himself from hearing the case at the oral and public trial stage.293 It also noted that “his
considerations at the time of ruling on the [preliminary] investigation stage constituted an advance
opinion that caused him to lose the objectivity necessary to stand in judgment of the instant case” and
that “the principle of impartiality of the trier of fact was affected.”294
175. The Third Chamber also found that the 20-year prison term given to Mr. Vega was not
sufficiently supported. It held that “the imposition of that amount of punishment, for a crime of
attempted homicide, is unusual (…) it does not lay out the reasons why Damas Vega’s sentence was not
reduced (…) nor are the criteria of proportionality, suitability or necessity addressed.”295 For these
reasons, the Third Chamber ordered the case to be retried with a new make-up of the panel sitting in
judgment.296
176. On February 8, 2013, the Third Chamber decided to extend the preventive detention of
Mr. Vega for a term of six months in order to ensure his presence at the hearings of the defendants.297
On May 16, 2013, the Trial Court of the Southern Zone dismissed the case with prejudice because the
statute of limitations had lapsed in favor of Damas Vega Atencio, Kattia Sánchez and Dinnier Concepción
for the crime of two counts of attempted aggravated homicide in concurrence with aggravated robbery
and one count of aggravated robbery. It held that the crimes were time-barred as of October 2, 2007, as
290
Annex 136. Decision 2012-01340 of the Third Chamber of the Supreme Court of Justice, dated August 29, 2012.
Annex to petitioner’s communication received at the IACHR on September 3, 2013.
291
Annex 136. Decision 2012-01340 of the Third Chamber of the Supreme Court of Justice, dated August 29, 2012.
Annex to petitioner’s communication received in the IACHR on September 3, 2013.
292
Annex 136. Decision 2012-01340 of the Third Chamber of the Supreme Court of Justice, dated August 29, 2012.
Annex to petitioner’s communication received in the IACHR on September 3, 2013.
293
Annex 136. Decision 2012-01340 of the Third Chamber of the Supreme Court of Justice, dated August 29, 2012.
Annex to petitioner’s communication received in the IACHR on September 3, 2013.
294
Annex 136. Decision 2012-01340 of the Third Chamber of the Supreme Court of Justice, dated August 29, 2012.
Annex to petitioner’s communication received in the IACHR on September 3, 2013.
295
Annex 136. Decision 2012-01340 of the Third Chamber of the Supreme Court of Justice, dated August 29, 2012.
Annex to petitioner’s communication received in the IACHR on September 3, 2013.
296
Annex 136. Decision 2012-01340 of the Third Chamber of the Supreme Court of Justice, dated August 29, 2012.
Annex to petitioner’s communication received in the IACHR on September 3, 2013..
297
Annex 137. Decision 2013-00071 of the Third Chamber of the Supreme Court of Justice, dated February 8, 2013.
Annex to petitioner’s communication received in the IACHR on September 3, 2013.