76
On September 23, 2002, the Constitutional Court approved the discontinuance of the
appeal filed by defendant Oliva Carrera;168
Other judicial actions during the period from September 2001 to December 2002
134.72.
during the period from September 2001 to December 2002, the private
accuser and the alleged accessories filed numerous additional objections, amparo
remedies, appeals, applications for reconsideration, and constitutional motions;
Acquittal of the alleged accessories
134.73.
on October 3, 2002, the Third Criminal, Drug Trafficking and
Environmental Crimes Trial Court acquitted Edgar Augusto Godoy Gaitán and Juan
Guillermo Oliva Carrera and cleared them of all charges regarding the crime of
murder, and found Juan Valencia Osorio responsible as perpetrator of the crime of
murder against the life and physical integrity of Myrna Mack Chang, sentencing him
to 30 incommutable years in prison. The Court stated that it did not rule on civil
responsibilities because they were not requested on time and in the appropriate
manner;169
134.74.
on October 15 and 16, 2002, Juan Valencia Osorio, the Public Prosecutor’s
Office and the private accuser filed special appeals against the October 3, 2002
judgment issued by the Third Criminal, Drug Trafficking and Environmental Crimes
Trial Court;170
134.75.
on May 7, 2003, the Fourth Chamber of the Court of Appeals admitted the
special appeal regarding merits filed by Juan Valencia Osorio; it found the special
appeal regarding formal aspects filed by Valencia Osorio inadmissible; it decided not
to admit the special appeal regarding merits filed by the Public Prosecutor’s Office
and not to admit the special appeal regarding merits filed by Helen Mack Chang.
Finally, deciding the case definitively, the Fourth Chamber acquitted Valencia Osorio,
clearing him of all charges. It ordered the immediate release of defendants Godoy
Gaitán, Valencia Osorio, and Oliva Carrera;171
134.76.
on May 28, 2003, the private accuser and the Public Prosecutor’s Office
filed appeals for review before the Supreme Court of Justice, Criminal Chamber, for
reasons pertaining to the merits and to formal aspects, against the May 7, 2003
168
Cf. Order of the Constitutional Court of September 23, 2002 (file with evidence to facilitate
adjudication of the case submitted by the representatives of the victim on September 5, 2003, leaves
10503 to 10504).
169
Cf. Judgment of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court of
October 3, 2002 (file with annexes to the brief filed by the Commission on November 5, 2002, leaves
8420 to 8501).
170
Cf. special appeals filed on October 15 and 16, 2002 (file with evidence to facilitate adjudication
of the case submitted by the representatives of the victim on September 5, 2003, leaves 9577 to 9662,
9558 to 9576, 9520 to 9553).
171
Cf. Judgment of the Fourth Chamber of the Court of Appeals of May 7, 2003 (dossier on the
merits and possible reparations, volume IV, leaves 853 to 870).
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