73
the Third Court ordering submission of evidence (supra para. 134.56) was not
notified to the parties until October 10, 2000; the private accuser and the defendants
submitted evidence to the Court on October 18 and 19, 2000;149
134.59.
on October 31, 2000, the Fourth Appellate Chamber found the objection
filed by the defendants inadmissible and ordered the case file to be returned to the
Third Trial Court, for it to continue the respective process;150
134.60.
on May 29, 2001, the Third Criminal, Drug Trafficking and Environmental
Crimes Trial Court, deeming that the previous actions had not included Lucrecia
Hernández Mack as a “partie civile,” declared “all actions of this Court absolutely null,
since the May 12, 1999 ruling, with the exception of the ruling on competence of this
Court and the constitutional motion,” and it ordered that the proceeding be returned
to the Second Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance;151
134.61.
the private accuser152 and the Public Prosecutor’s Office153 filed
applications for reconsideration against this May 29, 2001 ruling of the Third
Criminal, Drug Trafficking and Environmental Crimes Trial Court;
134.62.
on May 30, 2001, Lucrecia Hernández Mack stated under oath that at the
January 27, 1999 hearing –through her attorney- she decided to desist from her civil
claim as set forth in Articles 127 and 338 of the Criminal Procedures Code.
Therefore, “with this attitude she abandoned her right to compensation for damages
as ‘partie civile’ in this case;” furthermore, she stated that “when it issued the order
for the trial to commence without ruling on her status as a ‘partie civile,’ the body in
charge of controlling the investigation did not violate any of her individual or
procedural rights;”154
134.63.
on July 5, 2001, the Third Criminal, Drug Trafficking and Environmental
Crimes Trial Court admitted the applications for reconsideration filed (supra para.
134.61); it annulled the May 29, 2001 ruling; and it ordered “continuation of the
149
Cf. application by the Inter-American Commission on Human Rights of June 19, 2001 (dossier on
the merits and possible reparations, volume I, leaf 46); and submission of evidence to the Third Criminal,
Drug Trafficking and Environmental Crimes Trial Court on October 18 and 19, 2000 (file with annexes to
the brief answering the application and raising preliminary objections, leaves 7106 to 7113, 7118 to
7124, 7127 to 7151).
150
Cf. Order of the Fourth Chamber of Appeals of October 31, 2000 (file with annexes to the brief
answering the application and raising preliminary objections, leaves 8018 to 8023).
151
Cf. ruling of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court on May
29, 2001 (file with annexes to the application, annex 41, leaves 779 to 783 and file with annexes to the
brief answering the application and raising preliminary objections, leaves 7612 to 7616).
152
Cf. application for reconsideration dated June 4, 2001 (file with annexes to the brief answering
the application and raising preliminary objections, leaves 7631 to 7649).
153
Cf. application for reconsideration dated June 1, 2001 (file with annexes to the brief answering
the application and raising preliminary objections, leaves 7654 to 7661).
154
Cf. statement by Lucrecia Henández Mack on May 30, 2001 (file with annexes to the brief
answering the application and raising preliminary objections, leaves 7650 to 7653).
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