42
of Appeal revoked the decision of the First Criminal Court of First Instance and
ordered it to adapt its proceedings to the corresponding legal procedural principles.51
76(50) On April 22, 1996, the judge of the First Criminal Court of First Instance
excused himself from continuing to hear the case.52 On April 23, 1996, the Attorney
General’s office challenged this judge. The case was transferred to the Second
Criminal Court. On June 10, 1996, this Court filed a question on jurisdiction before
the Supreme Court of Justice and, on July 23, 1996, the case was transferred to a
new judge of the First Criminal Court of First Instance.53
76(51) On August 12, 1996, in keeping with the decision of the Tenth Chamber of
the Court of Appeal (supra para. 76(48)), the First Criminal Court of First Instance
decided to revoke the release order of May 19, 1994, issued in favor of Nazario Tuy
Taniel, Marcelino Tuy Taniel, Jesús Cuc Churunel, Tomás Pérez Pérez and Francisco
Ixcoy López (supra para. 76(38)). It also renewed the pre-trial detention orders
against these individuals, and also against Juan Acabal Patzán, for the crimes, inter
alia, of murder, attempted murder, and aggravated robbery.54
76(52) On April 21, 1997, a public hearing was held in the First Criminal Court of
First Instance.55
76(53) On October 15, 1997, judgment was delivered, and the First Judge of First
Instance for Criminal Affairs decreed, based on sound criticism and without invoking
any legal provision, the absolute disqualification of the statements of the
eyewitnesses to the facts, considering that they had been made by the victims and,
consequently, the interested parties in the results of the trial. The proceeding against
Tomás Pérez Pérez, Jesús Cuc Churunel and Francisco Ixcoy was left open and
Marcelino Tuy Taniel and Nazario Tuy Taniel were acquitted of the crimes of murder
and attempted murder and sentenced to five years’ imprisonment, with possible
commutation of sentence, for the crime of the manufacture or possession of
explosive materials. Juan Acabal Patzán was sentenced to 30 years’ imprisonment as
a perpetrator of the murder of Jorge Carpio Nicolle, Juan Vicente Villacorta Fajardo,
Alejandro Ávila Guzmán and Rigoberto Rivas González, and also of the murder of
Francisco Ajnac Ixcoy and Juan Patzán Pérez; this case was processed during the
same trial.56
51
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVIII).
52
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XVIII).
53
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Pieces XVIII and XIX).
54
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XIX).
55
Cf. public hearing held on April 21, 1997, in the First Criminal Court of First Instance (file with
appendixes to the application, appendix 17, tome II, vol. 1, folio 1017); and copy of the domestic judicial
file of the Carpio case (file of appendixes to the requests and arguments brief, appendix 1, Piece XXX).
56
Cf. judgment of October 15, 1997, delivered by the First Criminal Court of First Instance (file with
appendixes to the application, appendix 20, tome II, vol. 2, folios 1104 to 1183); and copy of the
domestic judicial file of the Carpio case (file of appendixes to the requests and arguments brief, appendix
1, Piece XLIV).
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