time he had been inebriated.43 However, the District Attorney did not prepare a record
because, according to his statement, the legislation in force at the time of the events did
not require a record to be made for conciliatory proceedings.44 The Court notes that no
record exists of the complaint filed.
29.
In an article published in the Honduran newspaper El Heraldo on March 7, 1998, Mr.
Luna López, referring to the complaint he filed before the Civil Court on March 6, stated that
he had received “death threats after making public information about the irregularities
detected in the pine forest […] He confirmed that the death threat was made by the
businessman José Ángel Rosa, who together with the Nationalist Congressman Lincoln
Figueroa, own[ed] the company PROFOFI, Productos Forestales Figueroa […] after
discovering [irregularities] that we publicly denounced and because of this they have
threatened us, but we must make clear that we are only defending the interests of the
people.”45
30.
Similarly, on April 4, 1998, José Ángel Rosa allegedly telephoned the home of Mr.
Luna López46 and, according to the statements, told Carlos Luna that he had the money, the
weapons and the people to kill him and all of his family.47 As a result of this, according to
testimony in the domestic jurisdiction and before this Court, that same day Mr. Luna López
telephoned the Public Prosecutor to report this threat.48 The State challenged the existence
of this telephone call.49
31.
Furthermore, according to testimony rendered in the domestic proceedings, at the
beginning of May, 1998, Mr. Luna López, in the company of Messrs. Henry Rodríguez, an
investigating officer of the Public Prosecutor’s Office, and Saúl Guzmán, an engineer with
the Honduran Corporation for Forestry Development (CODEFHOR for its Spanish acronym),
conducted an inspection of the Quebrada Cooperative of Catacamas. During this inspection,
Mr. Luna López was informed that Messrs. Jorge Chávez and Roberto Núñez, lumber
43
Cf. Testimony of prosecutor Adrián Octavio Rosales rendered on April 9, 2000 before the Choluteca Civil
Court (File of attachments to the State’s response, page 5378) and testimony rendered in the public hearing before
the Court, supra, and statement of José Ángel Rosa rendered on June 16, 1998 (File of attachments to the Report
on Merits, page 472).
44
Cf. Testimony of prosecutor Adrián Octavio Rosales rendered on April 9, 2000, supra and testimony
rendered in the public hearing before the Court, supra.
45
Article published in the newspaper El Heraldo on March 7, 1998, supra.
46
Cf. Witness statement of José Ángel Rosa rendered on June 16, 1998 (File of attachments to the Report on
Merits, page 472).
47
Cf. Statement rendered by affidavit by Rosa Margarita Valle Hernández on March 21, 2013 (Merits file,
page 564), and testimony rendered by Carlos Antonio Luna Valle on January 21, 2013 (Merits file, pages 578 to
579). Also, testimony rendered before the Catacamas Civil Court, specifically: testimony of Deira Idhelin Rodríguez
Cruz rendered on July 9, 1998 (File of attachments to the State’s response, page 5049); testimony of Rosa Margarita
Valle Hernández rendered on August 24, 1998 (File of attachments to the State’s response, page 5078); testimony of
Carlos Antonio Luna Valle rendered on August 26, 1998 (File of attachments to the State’s response, page 5091), and
testimony of Augusto Luna Valle rendered on August 27, 1998 (File of attachments to the State’s response, page
5096).
48
Cf. Testimony from affidavits rendered by Rosa Margarita Valle Hernández on January 21, 2013 (Merits
file, page 564), and by Carlos Antonio Luna Valle on January 21, 2013 (Merits file, page 579).
49
In this regard, the State pointed out that “on the day that Mr. Carlos Antonio Luna López encountered Mr.
José Ángel Rosa Hernández, at the time he was accosted, Mr. Luna López indicated that “neither in his legal
complaints nor in the radio programs did he mention names...” hence the difference in the complaint he made –
both before the Public Prosecutor and to the Municipality – for this particular action (threats made by José Ángel
Rosa), Mr. Luna López did not make any other complaint, not against any person in particular, let alone against a
public official, making it impossible not only for the prosecutor to offer Mr. Luna López protection against possible
threats from powerful groups but also to initiate investigations into threats that he was not aware existed” (Merits
file, page 260).
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