28
and 15 appeals for reversal82. In light of the denial of some of these remedies, eight
more appeals for legal protection were filed on October 26, 200083, which the
Constitutional Court declared inadmissible, and ordered the Criminal Court of First
Instance of Petén to disqualify itself from hearing this criminal proceeding and to
remit the records to the Chamber with jurisdiction, to adjudicate (or not) the
application of the LRN84.
92.
On March 7, 2002 the aforementioned Judge reiterated the effective arrest
the application, appendix 48, f. 7041); Roberto Aníbal Rivera Martínez (Judgment of the Constitutional
Court of February 19, 2002, appendixes to the application, appendix 40, f. 5979). Additionally, on October
12 and 13, 2000 two appeals for legal protection were filed by Manuel Cupertino Montenegro Hernández
and Cirilo Benjamín Caal Ac, respectively, which were mentioned in the application incorrectly (f.56).
Consequently they were unable to locate them, which was confirmed by the representatives, who indicated
that the decisions are not available (representatives’ brief on final arguments, appendix 1, f. 19791).
81
Cf. Briefs submitted by Reyes Collin Gualip on August 4, 2000 (Appendixes to the application,
judicial file, pieces XV to XVII, fs. 4433 to 4446); by Manuel Pop Sun (Appendixes to the application,
judicial file, pieces XV to XVII, fs. 4508 to 4510); Cirilo Benjamín Caal Ac (Appendixes to the application,
judicial file, pieces XV to XVII, fs. 4513 to 4518); César Adán Rosales Batres (Appendixes to the
application, judicial file, pieces XV to XVII, fs. 4520 a 4525); Carlos Humberto Oliva Ramírez (Appendixes
to the application, judicial file, pieces XV to XVII, fs. 4527 to 4532); Carlos Antonio Carías López
(Appendixes to the application, judicial file, pieces XV to XVII, fs. 4534 to 4539); Manuel Cupertino
Montenegro Hernández (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4541 to 4546),
and Roberto Aníbal Rivera Martínez (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4548
to 4553), all received on September 7, 2000; by Roberto Aníbal Rivera Martínez (Appendixes to the
application, judicial file, pieces XV to XVII, fs. 4764 to 4769); Carlos Humberto Oliva Ramírez (Appendixes
to the application, judicial file, pieces XV to XVII, fs. 4771 to 4776); Manuel Cupertino Montenegro
Hernández (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4778 to 4783); Cirilo
Benjamín Caal Ac (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4785 to 4790); Manuel
Pop Sun (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4792 to 4797); César Adán
Rosales Batres (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4799 to 4804); Carlos
Antonio Carías López (Appendixes to the application, judicial file, pieces XV to VII, fs. 4806 to 4811), and
Reyes Collin Gualip (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4813 to 4819), all
received on September 19, 2000.
82
Cf. Brief submitted by Reyes Collin Gualip on August 4, 2000, (Appendixes to the application,
judicial file, pieces XV to XVII, fs. 4491 to 4504); and 14 briefs received on September 7, 2000, from
which it is inferred that each of the following accused filed two appeals: Cirilo Benjamín Caal Ac
(Appendixes to the application, judicial file, pieces XV to XVII, fs. 4558 to 4565 and 4569 to 4580); Manuel
Cupertino Montenegro Hernández (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4584
to 4594 and 4598 to 4609); Carlos Humberto Oliva Ramírez (Appendixes to the application, judicial file,
pieces XV to XVII, fs. 4613 to 4623 and 4724 to 4733); César Adán Rosales Batres (Appendixes to the
application, judicial file, pieces XV to XVII, fs. 4627 to 4641 and 4645 to 4655); Carlos Antonio Carías
López (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4659 to 4669 and 4683 to 4694);
Roberto Aníbal Rivera Martínez (Appendixes to the application, judicial file, pieces XV to XVII, fs. 4673 to
4682 and 4698 to 4708), and Manuel Pop Sun (Appendixes to the application, judicial file, pieces XV to
XVII, fs. 4712 to 4720 and 4737 to 4747).
83
Cf. Judgments of the Constitutional Court of July 11, 2002 on the appeals filed by César Adán
Rosales Batres before the Tenth Chamber of the Court of Appeals (Appendixes to the application, appendix
53, f. 7734); Cirilo Benjamín Caal Ac before the Fourth Chamber of the Court of Appeals, (Appendixes to
the application, appendix 51, f. 7458); Reyes Collin Gualip before the Fourth Chamber of the Court of
Appeals, (Appendixes to the application, appendix 49, f. 7150); Carlos Humberto Oliva Ramírez before the
Third Chamber of the Court of Appeals (Appendixes to the application, appendix 42, f. 6297), and by
Carlos Antonio Carías López before the Fourth Chamber of the Court of Appeals; this appeal was
mentioned incorrectly in the application (fs. 58 y 63), therefore it was not found, which the representatives
confirmed by indicating that the decision is not available (representatives’ brief on closing arguments,
appendix 1, f. 19795); Judgment of the Constitutional Court of October 18, 2002 on the appeal filed by
Manuel Cupertino Montenegro Hernández before the Fourth Chamber of the Court of Appeals (Appendixes
to the application, appendix 52, f. 7646); Judgment of the Constitutional Court of April 24, 2002 regarding
the appeal filed by Manuel Pop Sun before the Fourth Chamber of the Court of Appeals (Appendixes to the
application, appendix 47, f. 6976), and Judgment of the Constitutional Court of November 12, 2002
regarding the appeal filed by Roberto Aníbal Rivera Martínez before the First Chamber of the Court of
Appeals (Appendixes to the application, appendix 41, f. 6158).
84
note 83.
Cf. Judgments of the Constitutional Court of July 11, October 18, and November 12, 2002, supra
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