18 45. On January 30, 1991 the Second Lower Court of El Quiché disqualified itself from continuing to hear the habeas corpus presented by the CERJ and it forwarded the actions to the military justice system.53 Then, on February 6, 1991 the Judge Advocate of Military Zone No. 20 of the Department of El Quiché started the preliminary investigation of the facts denounced, titled “On investigating the plagiarism or kidnapping of María Tiu Tojín and Josefa Tiu Tojín.”54 In it, a lieutenant of the reserve in the infantry area was syndicated, but he was released on May 15, 1991 due to lack of sufficient motives to issue a commitment order.55 On May 24, 1991 the Public Prosecutor’s Office asked that the CEAR be notified, so that it would forward to the Advocate Judge a copy of the list of the people displaced it received in said institution’s camp on September 9, 1990 and that a testimonial hearing be received from all of them.56 Said people were not summoned, the Public Prosecutor’s Office did not correct the omission, and the process did not continue.57 46. The criminal proceedings started with the Advocate Judge remained in its preliminary phase for more than 16 years. During that period the investigation did not see any important progress and the facts were not duly investigated by the Guatemalan justice system. 47. On June 10, 2008, once the public hearing on the present case had been celebrated, the Military Court of the Fourth Infantry Brigade of Cuyotenengo, Department of Suchitepéquez issued a ruling regarding the investigation processes on the whereabouts of María and Josefa Tiu Tojín (supra para. 20), answering a request of the Human Rights Section of the Public Prosecutors’ Office of the City of Guatemala in which it requests the decline of jurisdiction of the Military Court with regard to the investigation process in the present case.58 In said ruling the Military Court declined its jurisdiction to continue with the investigation processes into the “plagiarism or kidnapping” of Maria Tiu Tojín and Josefa Tiu Tojín filed under No. 4490 in the Military Court of Santa Cruz of El Quiché, which is currently inactive. Therefore, it ordered that the corresponding processes be forwarded to the Court of the First Instance for Criminal, Narcotics, and Environmental Offenses of the department of El Quiché.59 On June 17, 2008 the First Instance Court for Criminal, Narcotics, and Environmental Offenses of the Department of the Quiché, Santa Cruz 53 Cfr. order of the Second First Instance Criminal Court of the Department of the Quiché of January 30, 1991 (dossier of annexes to the application, annex 5, folio 692). 54 Cfr. order of the Military Prosecutors’ Office of Military Area No. 20 of Santa Cruz of El Quiché of February 6, 1991 (dossier of Annexes to the application, annex 5, folios 695 through 697). 55 Cfr. order of the Advocate Judge of Military Area No. 20 of May 15, 1991 (dossier of annexes to the application, annex 5, folio 779). 56 Cfr. petition of the Attorney General of the Nation, Public Prosecutors’ Office, processed before the Advocate Judge of Military Area N°20 of May 24, 1991 (dossier of annexes to the application, annex 5, folios 782 and 783). 57 Cfr. dossier of the military criminal proceedings N° 2047-90 processed before the Advocate Judge of Military area N°20 (dossier of annexes to the application, annex 5). 58 Cfr. brief of June 4, 2008, through which the Prosecutor’s Office of the Human Rights Section referred to “jurisdiction issues due to its decline of the same” (dossier of merits, Volume III, folio 688). 59 Cfr. ruling of June 20, 2008 issued by the Military Court of the Fourth Infantry Brigade (dossier of merits, volume III, folio 703).