The court of cassation may not reappraise the evidence.

Nor has the State party contested the existence of precedent in the Constitutional Court establishing that the remedy of amparo is not to be used to reappraise facts or review sentences handed down by domestic courts.

The Committee observes that the Supreme Court expressly stated that it was not competent to reappraise the facts forming the basis for the conviction of the author, a function which the Court considered the exclusive and sole prerogative of the court of first instance.