71 134.54. on May 23, 1999, the private accuser objected to the President of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court, who had acted as judge in the Third Criminal Trial Court of First Instance, based on the argument that a judge cannot hear a proceeding when he has been in contact with the case in previous instances.132 On August 5, 1999, the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court turned down the objection;133 134.55. the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court heard an objection regarding lack of competence, filed by the defendants on May 25, 1999, in which they argued that they should be tried by military courts.134 On August 26, 1999, the objection regarding lack of competence was rejected, because the request by the defendants was not based on new facts and Article 219 of the Constitution of Guatemala allows civil courts to hear cases of common crimes committed by the military, pursuant to an interpretation by the Constitutional Court.135 On August 31, 1999,136 the defendants filed a generic appeal against this ruling before the Third Trial Court, which was rejected on September 2 of that same year.137 On September 7, 1999, the defendants filed a remedy of complaint against this last ruling before the Fourth Chamber of the Court of Appeals, and it was rejected on September 27, 1999;138 134.56. after ruling on the generic appeal, on September 9, 1999 the Third Criminal Trial Court allowed 8 days for the parties to submit evidence.139 On September 21, 1999, Juan Guillermo Oliva Carrera filed an amparo remedy against this order of the Third Trial Court before the First Chamber of the Court of Appeals, arguing that the court continued the process despite a complaint before the Fourth 132 Cf. objection to the Judge of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court filed on May 23, 1999 (file with annexes to the brief answering the application and raising preliminary objections, leaves 7786 to 7795). 133 Cf. ruling of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court of August 5, 1999 (file with annexes to the brief answering the application and raising preliminary objections, leaves 7835 to 7836). 134 Cf. objection regarding lack of jurisdiction before the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court on May 25, 1999 (file with annexes to the brief answering the application and raising preliminary objections, leaves 7798 to 7806). 135 Cf. ruling of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court of August 26, 1999 (file with annexes to the brief answering the application and raising preliminary objections, leaves 7892 to 7895). 136 Cf. appeal before the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court on August 31, 1999 (file with annexes to the brief answering the application and raising preliminary objections, leaves 7898 to 7906). 137 Cf. ruling of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court of September 2, 1999 (file with annexes to the brief answering the application and raising preliminary objections, leaves 7911 to 7912). 138 Cf. Judgment of the Supreme Court of Justice of March 23, 2000 (file with annexes to the brief answering the application and raising preliminary objections, leaves 6896 to 6904). 139 Cf. ruling of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court of September 9, 1999 (file with annexes to the brief answering the application and raising preliminary objections, leaf 7991).

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