68
134.43.
with this ruling, and since it was the same issue of the query on
competence, on September 2, 1997 the private accuser desisted from continuing the
appeal against the Third Chamber of the Court of Appeals that had confirmed the
self-disqualification of the Criminal, Drug Trafficking and Environmental Crimes Court
of First Instance.116 The steps being taken before the First Trial Court regarding the
main proceeding conducted under the provisions of the Criminal Procedures Code
that had been repealed were also finalized;117
134.44.
the case file was forwarded by the judicial authorities to the First Criminal,
Drug Trafficking and Environmental Crimes Court of First Instance118 and a closing
date of June 23, 1998 was set for the preliminary proceedings investigative phase;119
134.45.
on June 18, 1998, Lucrecia Hernández Mack appeared as a “partie civile”
in the criminal proceeding;120
134.46.
on June 23, 1998, the Public Prosecutor filed charges against the alleged
accessories of the murder of Myrna Mack Chang before the First Criminal, Drug
Trafficking and Environmental Crimes Court of First Instance and requested opening
of the oral and public trial phase;121
134.47.
on June 22, 1998, the private accuser filed an objection against the Judge
of the First Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance in which she requested that he be separated from the case due to his
irregular actions in processing of the case and due to obvious prejudice in favor of
the defendants.122 That Judge found the objection inadmissible on June 23, 1998 and
116
Cf. request to the Constitutional Court on September 18, 1997 (file with annexes to the brief
answering the application and raising preliminary objections, leaves 6289 to 6291).
117
Cf. application by the Inter-American Commission on Human Rights of June 19, 2001 (dossier on
the merits and possible reparations, volume I, leaf 36).
118
Cf. Order of the Supreme Court of Justice of September 2, 1997 (file with annexes to the brief
answering the application and raising preliminary objections, leaves 5802 to 5804); and ruling by the
First Criminal Trial Court of First Instance of January 13, 1998 (file with annexes to the brief answering
the application and raising preliminary objections, leaf 5840).
119
Cf. application by the Inter-American Commission on Human Rights of June 19, 2001 (dossier on
the merits and possible reparations, volume I, leaf 37).
120
Cf. brief filed before the First Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance on June 18, 1998 (file with annexes to the brief answering the application and raising
preliminary objections, leaves 6033 to 6043).
121
Cf. accusation by the Public Prosecutor’s Office on June 23, 1998 (file with annexes to the brief
answering the application and raising preliminary objections, leaves 8179 to 8205).
122
Cf. objection to the Judge of the First Criminal, Drug Trafficking and Environmental Crimes Court
of First Instance on June 22, 1998 (file with annexes to the brief answering the application and raising
preliminary objections, leaves 6069 to 6081).
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