79
of the Court of Appeals found that applying the National reconciliation law to the
defendants was inadmissible;188
134.84.
on October 22, 1997, the Supreme Court of Justice upheld the judgment
of the Third Chamber and therefore denied the request for extinguishment of criminal
responsibility.189 On November 25, 1997, the defendants filed an amparo remedy
before the Constitutional Court against that ruling,190 and it was accepted for
processing by that court on November 26, 1997.191 On March 31, 1998, the
Constitutional Court rejected the amparo remedy requested;192
b) with respect to Decree 41-96
134.85.
on October 18, 2000, the defendants filed a constitutional motion against
Decree 41-96 (supra para. 134.33); on October 29, 2000, the Third Criminal Trial
Court, acting as a “Constitutional Court,” rejected the remedy filed and fined the
defense counsel who submitted it.193 On October 31, 2000, the defendants filed an
appeal against the ruling of the Third Court, for which reason the case file was
forwarded to the Constitutional Court, which is the competent body of last resort to
hear this type of appeals.194 On November 18, 2000, the Constitutional Court heard
the case,195 as it was expedited for a ruling within six days, pursuant to Article 130 of
the Law on Amparo, Habeas Corpus and Constitutionality.196 On December 18, 2000,
the private accuser filed a request before the Constitutional Court for it to issue the
respective ruling.197 On March 15, 2001, the Constitutional Court upheld the ruling
of the Court rejecting the appeal filed by the defendants, stating that the Criminal
188
Cf. Order of the Third Chamber of the Court of Appeals of September 5, 1997 (file with annexes
to the brief answering the application and raising preliminary objections, leaves 6646 to 6648).
189
Cf. Order of the Supreme Court of Justice of October 22, 1997 (file with annexes to the brief
answering the application and raising preliminary objections, leaves 6702 to 6706).
190
Cf. amparo proceeding before the Constitutional Court dated November 25, 1997 (file with
annexes to the brief answering the application and raising preliminary objections, leaves 6749 to 6766).
191
Cf. Order of the Constitutional Court of November 26, 1997
answering the application and raising preliminary objections, leaf 6767).
(file with annexes to the brief
192
Cf. Order of the Constitutional Court of March 31, 1998 (file with annexes to the application,
annex 32, leaves 666 to 674).
193
Cf. ruling of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court on
October 29, 2000 (file with annexes to the application, annex 39, leaves 759 to 767 and file with annexes
to the brief answering the application and raising preliminary objections, leaves 7012 to 7020).
194
Cf. writ issued by the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court on
October 31, 2000 (file with annexes to the brief answering the application and raising preliminary
objections, leaf 7027).
195
Cf. writ issued by the Constitutional Court on November 9, 2000 (file with annexes to the brief
answering the application and raising preliminary objections, leaf 7036).
196
Cf. application by the Inter-American Commission on Human Rights of June 19, 2001 (dossier on
the merits and possible reparations, volume I, leaf 47).
197
Cf. application by the Inter-American Commission on Human Rights of June 19, 2001 (dossier on
the merits and possible reparations, volume I, leaf 47).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents