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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