27
for nine of the accused73, on the grounds that “[the] Law on National Reconciliation,
in Article 11, paragraph three, establishes that when any of the crimes referred to in
Articles 4 and 5 of this Law become known, the matter will be immediately
transferred to the Chamber of the Court of Appeals, for the purposes of determining
[…] whether or not the extinction of criminal liability referred to by said Law
applies.”74 The Constitutional Court granted the appeals75 for legal protection
provisionally, hence the Criminal Court of First Instance of Petén decided to annul
the arrest orders.76 Likewise, one of the accused was released after being
arrested.77 Finally, on April 3 and 4, 2001, the Constitutional Court suspended the
arrest warrants and considered that the criminal file should be forwarded directly to
the Court of Appeals to decide on the application of the LRN, as it referred to facts
that occurred during the armed conflict78.
91.
On the other hand, as a result of the orders that admitted the production of
evidence before trial79 (supra para. 88), from August 4 to October 13, 2000 the
accused filed 15 individual appeals for legal protection80, 16 claims for remedy81,
73
Cf. Judgments of the Constitutional Court of April 3, 2000, regarding the appeal for legal
protection filed by Carlos Antonio Carías López, Roberto Aníbal Rivera Martínez, César Adán Rosales
Batres, Carlos Humberto Oliva Martínez and Reyes Collin Gualip on April 11, 2000 (Appendixes to the
application, appendix 37, fs. 5441 to 5454) and April 4, 2001 on the appeal for legal protection filed by
Manuel Pop Sun on April 26, 2000 (Appendixes to the application, appendix 35, fs. 5211 to 5225), and the
appeal for legal protection filed by Manuel Cupertino Montenegro Hernández, Daniel Martínez Méndez and
Cirilo Benjamín Caal Ac on June 2, 2002 (Appendixes to the application, appendix 36, fs. 5292 to 5305).
74
Cf. Judgments of the Constitutional Court of April 3 and 4, 2001, supra note 73.
75
Cf. Judgments of the Constitutional Court of April 24, 2000 (Appendixes to the application, judicial
file, piece XIV, appendix 30, f. 4148); May 8, 2000 (Appendixes to the application, judicial file, piece XIV,
appendix 30, f. 4159), and June 20, 2000 (Appendixes to the application, judicial file, piece XVI, f. 4403).
76
Cf. Orders of the Criminal Court of First Instance of Petén of May 3, 2000 (Appendixes to the
application, judicial file, piece XIV, appendix 30, fs. 4153 to 4155); May 19, 2000 (Appendixes to the
application, judicial file, piece XIV, appendix 30, fs. 4164 to 4166), and July 17, 2000 (Appendixes to the
application, judicial file, pieces XV to XVII, appendix 32, fs. 4407 to 4409).
77
Cf. Communication of the Criminal Court of First Instance of Petén of April 6, 2000, from which it
is inferred that the accused Manuel Pop Sun was Specialist Major Sergeant, director of group four
“conductor de comitiva 4” (Appendixes to the application, appendix 30, f. 4140), and official
communication issued by the Chief of Police, Section chief “Oficial Primero de Policía, Jefe de Sección,” on
April 25, 2000 (Appendixes to the application, judicial file, piece XIV, appendix 30, f. 4139).
78
Cf. Judgment of the Constitutional Court of April 3 and 4, 2001, supra note 73.
79
Cf. Order of the Criminal Court of First Instance of Petén of February 10, 1999 and March 8, 2000,
supra notes 69 and 70.
80
From the review of the file it is inferred that: on September 29, 2000, the accused Manuel Pop
Sun filed two appeals for legal protection before the Third Chamber of the Court of Appeals (Cf. Judgments
of the Constitutional Court of February 19, 2002 and July 11, 2002, appendixes to the application,
appendix 38, f. 5785 and appendix 39, f. 5894); on October 12, 2000 an appeal for legal protection was
filed by Reyes Collin Gualip before the Third Chamber of the Court of Appeals (Appendixes to the
application, appendix 50, f. 7339); on October 13, 2000, 10 appeals for legal protection were filed by:
César Adán Rosales Batres before the Tenth Chamber of the Court of Appeals (Judgment of the
Constitutional Court of August 16, 2002, appendixes to the application, appendix 55, f. 7946); Carlos
Antonio Carías López before the Fourth Chamber of the Court of Appeals (Judgment of the Constitutional
Court of August 19, 2002, , appendixes to the application, appendix 46, f. 6798); Cirilo Benjamín Caal Ac
before the First Chamber of the Court of Appeals (Judgment of the Constitutional Court of September 27,
2002, Appendixes to the application, appendix 43, f. 6463); Carlos Humberto Oliva Ramírez before the
Second Chamber of the Court of Appeals (Judgment of the Constitutional Court of July 11, 2002,
Appendixes to the application, appendix 44, f. 6608); Roberto Aníbal Rivera Martínez (Judgment of the
Constitutional Court of July 11, 2002, Appendixes to the application, appendix 54, f. 7853); Carlos Antonio
Carías López (Judgment of the Constitutional Court of August 14, 2002, Appendixes to the application,
appendix 45, f. 6704); Carlos Humberto Oliva Ramírez (Judgment of the Constitutional Court of October 1,
2003, Appendixes to the application, appendix 57, f. 8130); Manuel Cupertino Montenegro Hernández
(Judgment of the Constitutional Court of April 26, 2004, Appendixes to the application, appendix 60, f.
8386); César Adán Rosales Batres (Judgment of the Constitutional Court of May 9, 2002, Appendixes to
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