Sosa.”188 He said that he had told him that the check was genuine because he had obtained the copy from a
teller and that the Director of the DGIC had placed it in a safe.189
113.
On August 20, 2001, the court found that the copy of the check, “according to the
investigation, never existed.”190 It therefore resolved to start formalities to “investigate the commission of the
crime of falsification of financial instruments.”191
114.
That same day, it issued a dismissal resolution on behalf of Miguel Facussé and Irene Castro
Reyes,192 which was requested by both parties on August 8, 2001, claiming that it had been established that
“they have no direct or indirect relation to the alleged facts.”193 The court ruled that Lucas García Alfaro’s
statement confessing his participation in the murder of Carlos Escaleras Mejía “lacks the factual and legal
basis necessary to give it credibility” and added that the check that was presented did not exist.194
115.
That same day, the prosecution service lodged an appeal against the dismissal, which was
admitted by the First-Instance Court on August 27 of that year and sent to the Court of Appeal in La Ceiba. 195
116.
On November 14, 2001, the Court of Appeal in La Ceiba annulled the dismissal of Miguel
Facussé and Irene de Jesús Castro from the proceedings on the grounds that it was indispensable for them to
“report voluntarily to the trial judge for him to receive their statements.”196 On February 13, 2002, the
Constitutional Chamber of the Supreme Court of Justice received an amparo remedy presented by Miguel
Facussé and Irene de Jesús Castro, seeking the reversal of the appeal court’s decision.197
117.
On October 16, 2002, the court convicted Lucas García Alfaro and sentenced him to
seventeen years in prison for the crime of murdering Carlos Escaleras. 198
118.
On November 12, 2002, Arnulfo Romero Andrade, an employee of Jesús Martínez and the
uncle of Congressman Salomón Martínez, stated that some days after the death of Carlos Escaleras, he
accompanied his employer to deliver some 250,000 lempiras to Orlando Martínez. He said that Jesús Martínez
188
Annex 81. Statement of Santos Figueroa Hernández, dated August 16, 2001, judicial case file, Vol. II, p. 499, annexed to the
initial petition of January 14, 2002.
189
Annex 81. Statement of Santos Figueroa Hernández, dated August 16, 2001, judicial case file, Vol. II, p. 499, annexed to the
initial petition of January 14, 2002.
190
14, 2002.
191
14, 2002.
Annex 82. Court document, dated August 20, 2001, judicial case file, Vol. II, pp. 504, annexed to the initial petition of January
Annex 82. Court document, dated August 20, 2001, judicial case file, Vol. II, pp. 504, annexed to the initial petition of January
192
Annex 82. Court document, dated August 20, 2001, judicial case file, Vol. II, pp. 505-507, annexed to the initial petition of
January 14, 2002.
193
Annex 83. Dismissal request document, dated August 8, 2001, judicial case file, Vol. II, pp. 492-495, annexed to the initial
petition of January 14, 2002.
194
Annex 84. Court document, dated August 20, 2001, judicial case file, Vol. II, pp. 505-507, annexed to the initial petition of
January 14, 2002.
195
2002.
Annex 85. Court document, dated August 27, 2001, judicial case file, Vol. II, p. 513, annexed to the initial petition of January 14,
196
Annex 86. Resolution of the Constitutional Chamber of the Supreme Court of Justice, dated August 8, 2003, Annex 1 to the
petitioners’ communication of April 24, 2004.
197
Annex 86. Resolution of the Constitutional Chamber of the Supreme Court of Justice, dated August 8, 2003, Annex 1 to the
petitioners’ communication of April 24, 2004.
198
Annex 87. Judgment of the First-Instance Court, dated November 12, 2002, case file of trial brought against the masterminds
behind the crime, annexed to the initial petition of January 14, 2002.
23