B. 5.
Criminal proceedings against those allegedly responsible
54.
By means of criminal proceedings 1128-98, 1316-99, 035-02 and 043-04, an
investigation was opened into the presumed involvement of the accused Oscar Aurelio
Rodríguez Molina, Jorge Adolfo Chávez, Jose Ángel Rosa, Ítalo Iván Lemus, Marcos Morales
and Wilfredo Pérez for the crimes of murder and attempted murder to the detriment of
Carlos Luna López and Silvia Gonzales, respectively.
55.
During the months between May and July 1998, the Magistrates Court received
statements from 12 individuals.89
56.
After the conclusion of the investigative proceedings in the Magistrates Court, on July
15, 1998, the case was referred to the Civil Court for consideration.90
57.
On July 17, 1998, the Civil Court received a firearm forwarded by Prosecutor Rosales,
and ordered an expert inspection to be conducted;91 this was carried out on July 22, 1998
by a commercial expert, certified accountant and commercial secretary. The expert opinion
consisted of a description of the basic characteristics of the firearm. 92 According to the
memo accompanying the evidence, the weapon belonged to Mr. Luna López; nevertheless,
Mr. Carlos Antonio Luna Valle stated that Mr. Ramón Peralta was really the owner of the
firearm.93
58.
Between the months of July and October, 1998, the Civil Court received statements
from 28 people.94 Likewise, on October 22, 1998, the court received the statement of the
89
Cf. Statements rendered before the Magistrates Criminal Court by: Doris Liliana Herrera Asencio on May 22,
1998 (File of attachments to the State’s response, page 6583); Eliseo Oviedo on May 22, 1998 (File of attachments
to the State’s response, page 6587); Oscar Orlando Palacios Moya on May 25, 1998 (File of attachments to the
State’s response, page 6591); Fausto Paulino Rovelo Vargas on May 25, 1998 (File of attachments to the State’s
response, page 6593); Alejandro Fredy Salgado Cardona on May 25, 1998 (File of attachments to the State’s
response, page 6595); Adrián Betancourt Lezama on June 12, 1998 (File of attachments to the State’s response,
page 6611); José Ángel Rosa Hernández on June 16, 1998 (File of attachments to the State’s response, page 6615);
Santos Eugenio Ramírez on June 23, 1998 (File of attachments to the State’s response, page 6622); Douglas
Edgardo Antúnez Lara on June 24, 1998 (File of attachments to the State’s response, page 6625); Salvador de Jesús
Ortiz Medina on June 25, 1998 (File of attachments to the State’s response, page 6633); Álvaro Danilo Zapata Lara on
June 26, 1998 (File of attachments to the State’s response, page 6635); and Jorge Chávez Hernández on July 7,
1998 (File of attachments to the State’s response, page 6642).
90
Cf. Ruling of July 15, 1998, issued by the Catacamas Magistrates Criminal Court (File of attachments to the
State’s response, pages 6650 and 6651). According to Article 252 of the Code of Criminal Procedures of 1984,
“[w]hen the Investigating Judge is a Magistrate, having concluded the investigative procedures without a ordering
a dismissal of the case, will refer his court records, the pieces of evidence and the defendant, if he is not granted
provisional release, to the respective Civil Judge, who, if he finds inconsistencies in the indictment, will rectify them
or order their rectification. Having rectified the inconsistencies, if dismissal is not applicable, the Civil Judge will
then open a trial.”
91
Cf. Ruling of June 20, 1998, issued by the Catacamas Civil Court (File of attachments to the State’s response,
page 6658).
92
Cf. Expert opinion of July 22, 1998 (File of attachments to the State’s response, page 6659).
93
Cf. Ruling of July 22, 1998, issued by the Catacamas Civil Court (File of attachments to the State’s
response, pages 6663, 6664 and 6665).
94
Cf. Statements rendered before the Catacamas Civil Court by: Inés Verónica Mejía Herrera on July 16, 1998
(File of attachments to the State’s response, page 6652); Mariana Lubina López Martínez on July 17 and October 15,
1998 (File of attachments to the State’s response, pages 6655 and 6771); Deira Idhelin Rodríguez Cruz on July 29,
1998 (File of attachments to the State’s response, page 6669); Henry Guillermo Bustillo Rosales on August 6, 1998
(File of attachments to the State’s response, page 6673); Henry Yobany Rodríguez Euceda on August 17, 1998 (File of
attachments to the State’s response, page 6679); Alejandro Fredy Salgado Cardona on August 17, 1998 (File of
attachments to the State’s response, page 6682); Ramón Antonio Hernández on August 19, 1998 (File of attachments
to the State’s response, page 6687); Sandra Yamileth Valderramos on August 19 and October 19, 1998 (File of
21