19 59. The public oral trial was closed on August 12, 1999.92 That same day, the Court delivered its decision,93 in which it convicted the officer in charge of the patrol and 10 members of the patrol of the crime of “culpable homicide” and sentenced them to “five years of prison that could be commuted.” It also convicted another 14 members of the patrol for the crime as “accessories” to “culpable homicide” and sentenced them to “four years of prison that could be commuted.”94 60. On August 23, 1999, the Special Prosecutor filed an appeal and on December 6 the Fourteenth Chamber of Appeals declared the appeal “in order.”95 It annulled the lower court decision and convicted ten soldiers for the crimes of “homicide” and “serious injuries,” sentencing them to 12 years in prison. 96 Another 15 members of the patrol were found not guilty.97 61. On April 12, 2000, after examining a “special appeal in cassation” presented by the Special Prosecutor, the “Criminal Chamber of the Supreme Court annulled the judgment” of the Fourteenth Chamber of Appeals and “ordered the holding of a new trial and the arrest of the 15 who had been absolved.”98 62. In May 2000, the file was transferred to the Trial Court of Cobán.99 63. The trial began on June 3, 2003.100 64. On July 8, 2004, the Trial Court convicted 14 soldiers as “perpetrators of the crime of the extrajudicial execution of 11 persons. They were also convicted of the “serious injuries” caused to 29 survivors and received a sentence of “40 years that could not be commuted.”101 65. In July 2004, the convicted soldiers appealed the convictions, 102 but were unsuccessful.103 In January 2005, the defense lawyers filed appeals in cassation, 104 which petitioners claimed that the Court did not allow Ms. Menchú to present observations and, therefore, Ms. Menchu stated that “in the name of justice in Guatemala and so as to not permit impunity in this country, we withdraw from this Court and we shall continue to seek justice. We shall not validate a Court that is biased.” 92 Cf. Verification of the debate of November 25, 1998, supra. 93 Cf. Verification of the debate of November 25, 1998, supra, and decision of the Sentencing Court of August 12, 1999 (evidence file, annex 26 to the Merits Report, fs. 769 to 913). 94 Cf. Decision of the Sentencing Court of August 12, 1999, supra. 95 Cf. Report of the State of May 24, 2004, addressed to the Commission, supra. 96 Cf. Report of the State of May 24, 2004, addressed to the Commission, supra. 97 Cf. Report of the State of May 24, 2004, addressed to the Commission, supra. 98 Report of the State of May 24, 2004, addressed to the Commission, supra. Cf. Also the communication of the petitioners of July 26, 2002, addressed to the Commission (evidence file, annex 27 to the Merits Report, fs. 915 to 925). 99 Cf. Communication of the petitioners of July 26, 2002, addressed to the Commission, supra. 100 Cf. Report of the State of May 24, 2004, addressed to the Commission, supra. 101 Cf. Judgment of July 8, 2004, supra. 102 Cf. Special appeals of the judgment of July 8, 2004, presented by three defense lawyers, one on the 28th and two on July 30, 2004 and a brief of “correction” to the first and to one of the second appeals of October 17, 2004 and August 15, 2004, respectively (evidence file, proceedings before the Commission, fs. 3803 to 3997). 103 Cf. Mixed Regional Chamber of the Court of Appeals of Cobán, Judgment of December 22, 2004 (evidence file, annex 31 to the Merits Report, fs. 1432 to 1445). 104 Cf. Appeals in cassation filed by three defense lawyers, two on January 11 2005 and one on the following day, and briefs of “correction” on one of the first (undated) and on the brief of January 12, 2015 (of February 17, 2005), (evidence file, proceedings before the Commission, fs. 4013 to 4158).

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