24. They report that a dozen prosecutors participated in the proceedings, which undermined the continuity of the investigations since “each prosecutor took a significant time to absorb the facts.” They add that the ad hoc prosecutor appointed by the Attorney General to take exclusive charge of the case remained in that position for barely three months before he was removed and transferred to another region of the country for no apparent reason. 25. In addition, the petitioners contend that Judge Francisco Sánchez, who was involved in the proceedings from the onset, has fueled legitimate doubts regarding his impartiality vis-à-vis the case. They report that he made a public statement in the media about the inadmissibility of one piece of evidence presented to the court. By expressing subjective opinions, they claim, this judicial officer undermined his credibility in the eyes of Carlos Escaleras’s family and of society. They report that the family lodged a filing to denounce the bias inherent in his actions, but that the motion was rejected. 26. In connection with the individuals who planned the killing, the petitioners state that the following formalities and procedures all took place on one single day, October 14, 2003; this, they claim, points to the impartiality of the court and its lack of interest in investigating prominent business owners: (i) two of the alleged masterminds, Miguel Facussé and Irene Castro, presented an application to give voluntary statements to the First-Instance Court of Tocoa; (ii) the court admitted their applications and took statements from them; (iii) the court issued an irrevocable dismissal in their favor and indicated that “it stands as res judicata in accordance with Special Law on the Interinstitutional Transition and Follow-up of the Criminal System”; and (iv) they were issued the corresponding release warrants. 27. The petitioners contend that the investigation failed to take into account all the lines of investigation indicated by the witness testimony and documentary evidence, including evidence linking a member of the military to Carlos Escaleras’s killing. They say that although reasonable indications were established at trial regarding the masterminds behind the murder of Mr. Escaleras, to date there have been no formalities indicating any intent on the part of the State to conduct an effective investigation and to punish all the guilty. They add that there has been an ongoing violation of the family’s right to know the truth in that, to date, the facts surrounding Mr. Escaleras’s still remain unclear. 28. The petitioners contend that the violation of Carlos Escaleras’s right to life caused a violation of his rights of free expression and freedom of association, and of his political rights. 29. Regarding the right of free expression, they contend that the homicide of Carlos Escaleras caused a restriction of his freedom to disseminate information and ideas, and of the Honduran people’s right to hear them. They explain that through the social and political organizations that Carlos Escaleras led, the population was informed about serious matters affecting their health and their right to enjoy a healthy environment. As for freedom of association, the petitioners claim that following the murder of Carlos Escaleras Mejía, the organizations he headed – the Coordinating Committee of Peoples’ Organizations of Aguán (COPA) and the Democratic Union Party – were seriously weakened. 30. Regarding his political rights, they claim that as a social leader he had acquired great public prestige and respect, and so had a good chance of becoming the mayor of Tocoa in the future. They add that opinion polls from late September 1997 indicated he was the clear favorite to win the election. Therefore, the petitioners contend that the murder of Carlos Escaleras undermined his right to be elected. 31. Finally, the petitioners claim that there was a violation of the right to humane treatment of the members of Mr. Escaleras Mej��a’s family: his mother Ofelia Mejía; his wife Marta Alvarenga Reyes, his sons Douglas Arnaldo, Emerson Alexander, Carlos Andrés, Marta Agripina and Omar Josué Escaleras; and his siblings Eldin, René, Yolanda, Andrés, Omar, and Alma, all with the surnames Mejía Alvarenga. They contend that the way in which Carlos Escaleras was murdered, together with the constant denials of justice and ongoing impunity they have faced, have caused them suffering and anguish. B. Position of the State 4