29
warrants against seven accused85. Additionally, on June 21, 2002, the Judge decided
to send the file for proceeding No.1316-94 to the Twelfth Chamber of the Court of
Appeals, in order to obtain a resolution regarding the applicability of the Law on
National Reconciliation.86
93.
On July 3, 2002 a judicial proceeding was carried out through which the
statements of the biological grandparents of survivor Ramiro Osorio Cristales87 and
their blood samples were taken, as well as that of Lidia Garcia Perez, the “adoptive
mother” of Ramiro Osorio Cristales, for DNA testing.
D)
Procedure of the Law on National Reconciliation
94.
As previously mentioned, the Criminal Court of First Instance of Petén
decided to send the file to the Chamber with jurisdiction of the Court of Appeals on
June 21, 2002 (supra para. 92).
95.
The procedure whereby the applicability of the LRN would be decided began
on June 25, 2002, date on which the Judges of the Twelfth Chamber of the Court of
Appeals received the records of criminal proceeding No. 1316-94. However, these
judges disqualified themselves from the matter because they had previously heard
the appeals for legal protection placed by the accused88. The issue later moved on to
the Tenth Chamber of the Court of Appeals, whose judges also disqualified
themselves from hearing the case89. Even though the disqualification of the judges
of the Tenth Chamber was turned down, the matter was heard by the Fourth
Chamber of the Court of Appeals90 because of vacations. On January 2, 2002, this
Chamber ordered the parties to voice their opinion on the applicability of the LRN91.
On January 20, 2003 one of the accused filed an appeal for reversal, so that a
transfer would not be granted to one of the parties, which was denied the same
day.92
96.
Between July 2002 and January 2003, three appeals for legal protection93,
85
Cf. Ruling issued by the Criminal Court of First Instance of Petén on March 7, 2002, (Appendixes
to the application, judicial file, piece XVIII, f. 5001).
86
Cf. Ruling issued by the Criminal Court of First Instance of Petén on June 21, 2002 (Appendixes to
the application, pieces 1 a 3, appendix 66, f. 8673).
87
Cf. Ruling issued by the Criminal Court of First Instance of Petén on June 4, 2002 (Appendixes to
the application, judicial file, piece XVIII, f. 5040).
88
Cf. Minutes of excuse issued by the Titular Judges of the Twelfth Chamber of the Court of Appeals
of June 25, 2002 (Appendixes to the application, judicial file, pieces 1 to 3, appendix 64, f. 8629).
89
Cf. Minutes of excuse issued by the Titular Judges of the Tenth Chamber of the Court of Appeals
of August 13, 2002 (Appendixes to the application, judicial file, pieces 1 to 3, appendix 65, f. 8702).
90
Cf. Order of the Presidency of the Judicial Organism of December 26, 2002 (Appendixes to the
application, judicial file, pieces 1 to 3, appendix 67, f. 8955).
91
Cf. Order of the Fourth Chamber of the Court of Appeals of January 2, 2003 (Appendixes to the
application, judicial file, pieces 1 to 3, appendix 67, f. 8958), and brief presented by César Adán Rosales
Batres (Appendixes to the application, judicial file, pieces 1 to 3, appendix 65, f. 8842).
92
Cf. Order of the Fourth Chamber of the Court of Appeals of January 20, 2003 regarding the claim
for remedy filed by César Adán Rosales Batres (Appendixes to the application, judicial file, pieces 1 to 3,
appendix 67, f. 8979).
93
Cf. Judgments of the Constitutional Court of April 7, 2003 regarding the appeal filed by Carlos
Humberto Oliva Ramírez before the Third Chamber of the Court of appeals on July 11, 2002 (Appendixes
to the application, appendix 56, f. 8035), and April 5, 2004 on the appeal filed by César Adán Rosales
Batres before the Tenth Chamber of the Court of Appeals of July 12, 2002 (Appendixes to the application,
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