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61(84) On February 5, 1993, the Fifth Criminal Court of First Instance ordered the
detention of Pastor Milciades Coronel, Alberto Buenaventura Cantero, Lucilo Benítez,
Camilo Almada Morel and Agustín Belotto Vouga. And, on March 30, 1993, this court
ordered the detention of Ramón Saldívar and Salvador Mendoza.
61(85) On November 2, 1993, and February 22, 1994, the court was informed of the
death of General Francisco Alcibíades Brítez Borges and of Officer Ramón Saldívar on
September 14, 1993, and June 11, 1992, respectively.
61(86) On June 19, 1995, the said Fifth Criminal Court of First Instance ordered the
opening of the case to take evidence for “the time established by law.”
Subsequently, on December 21, 1995, the judge of this court excused himself from
continuing to hear the case. Accordingly, the Sixth Criminal Court of First Instance
assumed the hearing of the case. On April 1, 1998, it considered that the period for
gathering evidence had long ended, and gave a hearing to the parties to present
their respective arguments “in accordance with and within the time established by
law.”
61(87) At the end of 1998, the complainant and the Attorney General’s Office
presented their final arguments. The defendants Lucilo Benítez and Alberto
Buenaventura Cantero, Agustín Belotto Vouga and Camilo Almada Morel did so on
November 23 and December 1, 1998, and July 19, 1999, respectively.
61(88) On April 17, 2000, the First Criminal Tribunal (de Liquidación y Sentencia)
decided, inter alia:
1) To classify the illegal conduct of the defendant Pastor Milciades Coronel Almada,
under the crimes established in and punished by the provisions of Articles 337,
paragraphs 2 and 3 [murder aggravated by treachery and extreme cruelty], in
accordance with Articles 3, first paragraph [crimes are punishable not only when they
have been perpetrated, but also when they have been frustrated, or when there has
been an attempted crime] and 37 [association or conspiracy to commit a crime] of the
Penal Code; Articles 341 [injury], paragraph 1 [aggravated], 280 [violence or threats],
and 174 [abuse of authority]; and Article 37 [association or conspiracy to commit a
crime] of the 1914 Penal Code, and to classify the penalty based on Articles 94 [the
masterminds and perpetrators shall suffer integrally the penalties established by this
code for the crime committed], and 95 [the penalty for a frustrated crime shall be twothirds of that corresponding to the completed crime] of the same Code.
2) To classify the illegal conducts of the defendants Nicolás Lucilo Benítez Santacruz and
Camilo Federico Almada Morel, under the crimes established in and punished by the
provisions of Articles 337 paragraph 2 [murder aggravated by treachery], 341,
paragraph 1 [aggravated injury], 280 [violence or threats] and 174 [abuse of authority]
of the said Code, in accordance with Article 37 [association or conspiracy to commit a
crime] of the same body of laws.
3) Not to admit the request for prescription alleged in the proceedings, because it is
manifestly inadmissible considering the findings in this decision.
4) To note that the corresponding recourse before the ordinary jurisdiction is admissible
to claim civil responsibility under the provisions of Article 1865 of the Civil Code owing to
the crime committed by Francisco Alcibíades Brítez Borges.
5) To absolve Alberto Buenaventura Cantero Domínguez from guilt and punishment. […]
To send an official communication to the National Police (Specialized Unit) ordering his
release.
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