67
134.41.
pursuant to the rulings, all the case records were forwarded to the First
Criminal Trial Court of First Instance.108 On November 12, 1996, this Court ordered
the joinder of the proceeding against Beteta Álvarez and that against the alleged
accessories, as well as continuation of the proceeding in the state in which it was at
that time.109 The Public Prosecutor filed an expansion and clarification remedy
against that ruling, as in the proceeding against Beteta Álvarez there was res
judicata and there was no certainty regarding the procedural stage at which the
joinder of both proceedings would take place.110 On December 3, 1996, the Court
found the remedy to be in order and ruled that the joinder would be effective with
respect to defendants Edgar Augusto Godoy Gaitán, Juan Valencia Osorio and Juan
Guillermo Oliva Carrera, and not with respect to Noel de Jesús Beteta Álvarez; it also
annulled all actions in the case carried out under the new Criminal Procedures Code,
including the investigation carried out by the representative of the Public Prosecutor’s
Office under the new Code, as it was conducted by an authority who was not
competent for this.111 The private accuser112 and the Public Prosecutor’s Office113 filed
appeals against this ruling. Both appeals were found inadmissible by Tenth Chamber
of the Court of Appeals114;
134.42.
on August 12, 1997, the Constitutional Court decided to grant the amparo
remedies requested by the private accuser and the Public Prosecutor’s Office (supra
para. 134.40) regarding the matter of which court was competent to continue the
proceeding with respect to the murder of Myrna Mack Chang and it decided that the
proceeding should continue to be processed under the rules of the Criminal
Procedures Code in force. The Constitutional Court decided to grant the amparo to
the applicants and to “definitively suspend” the October 15, 1996 ruling of the
Supreme Court of Justice, according to which the First Criminal Court of First
Instance was the competent court to hear the criminal proceeding, as well as to
“definitively suspend” all subsequent actions carried out under the Criminal
Procedures Code that had been repealed;115
108
Cf. writ issued by the First Criminal Trial Court of First Instance of October 23, 1996 (file with
annexes to the brief answering the application and raising preliminary objections, leaf 5540).
109
Cf. ruling by the First Criminal Trial Court of First Instance of November 12, 1996 (file with
annexes to the brief answering the application and raising preliminary objections, leaves 5550 to 5552).
110
Cf. expansion and clarification remedy (file with annexes to the brief answering the application
and raising preliminary objections, leaves 5559 to 5562).
111
Cf. ruling by the First Criminal Trial Court of First Instance of December 3, 1996 (file with
annexes to the brief answering the application and raising preliminary objections, leaves 5582 to 5587).
112
Cf. appeal before the First Criminal Trial Court of First Instance (file with annexes to the brief
answering the application and raising preliminary objections, leaves 5606 to 5609).
113
Cf. appeal before the First Criminal Trial Court of First Instance (file with annexes to the brief
answering the application and raising preliminary objections, leaves 5594 to 5596).
114
Cf. Order of the Tenth Chamber of the Court of Appeals of April 3, 1997 (file with annexes to the
brief answering the application and raising preliminary objections, leaves 5814 to 5816).
115
Cf. Judgment of the Constitutional Court of August 12, 1997 (file with annexes to the application,
annex 33, leaves 676 to 697 and file with annexes to the brief answering the application and raising
preliminary objections, leaves 6221 to 6242).
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