Adán Orellana.119 However, in a ruling on December 15, 2004, the Civil Court stated that it
could not establish a logical and consistent link regarding the presumed involvement of
these persons, and therefore rejected the request for an arrest warrant.120
72.
In accordance with an administrative decision by the National Penitentiary of June
15, 2006, Mr. Oscar Aurelio Rodríguez Molina was internally transferred (with no date
indicated) from the Diagnostic Module to the “Escorpión” Maximum Security Cells.121 On
June 28, 2006, he was murdered by gunfire while serving his term in cell number 25 of the
“Escorpión” Unit.122 Regarding the investigation of this act, the State indicated that, “to
date it has not been possible to identify the murderers of Mr. Oscar Aurelio Rodríguez
Molina.”123
B.5.2. Regarding Jorge Adolfo Chávez124
73.
On March 28, 2000, Prosecutor Leoni forwarded the report of the investigation sent
by the Criminal Investigations Division to the Civil Court, attesting to the involvement of
Jorge Adolfo Chávez and other persons in the illegal exploitation of forest land,125 the same
activities which Mr. Luna López reported on from his public position (supra paras. 27 and
31).
74.
During the months of February to July, 2000, statements were received from ten
people126 and two face-to-face hearings were held.127
119
Cf. Request for arrest warrant of September 27, 2004 (File of attachments to the State’s response, pages
5977 and 5978).
120
Cf. Ruling of the Civil Court on December 15, 2004 (File of attachments to the State’s response, page 5984).
This ruling refers to Mr. Fredy Salgado “son,” whose full name is Fredy Noel Salgado Mejía, as Fredy Noel Salgado
“Guifarro.”
121
Cf. Internal Administrative Ruling No. 035-2006 PNMAS-06, entitled “Transfer of two prisoners from one
module to another,” issued by the National Penitentiary on June 15, 2006, operative paragraph (file on Merit, page
1208). This transfer was made due to the fact that “on June 15, 2006, an intelligence network inform[ed] the
competent Penitentiary authority that […] the murder of four prisoners [was] planned […] and it had reliable
information that the person direct[ing] this illicit action [was] Oscar Aurelio Rodríguez Molina, in company of three
other prisoners confined in the aforementioned module. [Because of this and] considering the degree of danger
[observed], the antecedents of murders […] and the frequent escapes within the Penitentiary […is why they
decided to make the transfers]” (Merits file, page 1207).
122
Cf. Prosecution Injunction of June 28, 2006 (File of attachments to the Report on Merit, page 699), and
Notification DGSEP-DPN-108-2006, entitled Report on “Deceased Inmate,” issued by the National Penitentiary on
June 28, 2006 (file on Merit, pages 1156 to 1157).
123
Cf. State Communication of September 12, 2013, regarding the information required by the InterAmerican Court as evidence to facilitate adjudication on September 5, 2013 (Merits file, page 1114). The State
indicated that “a criminal investigation process had begun through the Special Human Rights Prosecutor who
conducted various proceedings to determine those responsible, but without being able to identify the authors.” Cf.
Notification DGSEP-DPN-108-2006, supra (Merits file, pages 1156 to 1158).
124
According to the representatives, the case against Jorge Chávez was conducted under the file 035-02.
However, some of the initial investigation proceedings are contained in the files 1128-98 and 1316-99 (Merits file,
page 136, footnote 86).
125
Cf. Report on the investigation of June 11, 1998, prepared by the Criminal Investigation Division (File of
attachments to the State’s response, pages 5340 to 5358).
126
Cf. Statements rendered before the Catacamas Civil Court by: Fausto Paulino Rovelo Vargas on February 17,
2000 (File of attachments to the State’s response, page 5307); Alejandro Fredy Salgado on February 17, 2000 (File of
attachments to the State’s response, page 5309); Orlando Palacios Moya on February 17, 2000 (File of attachments
to the State’s response, page 5314); Lincoln Alejandro Figueroa on March 7, 2000 (File of attachments to the State’s
response, page 5332); Eracles Javier Escobar on March 8, 2000 (File of attachments to the State’s response, page
5335); Adrián Octavio Rosales on April 9, 2000 (File of attachments to the State’s response, page 5378); Manuel
Antonio Pacheco on April 5, 2000 (File of attachments to the State’s response, page 5381); Julio César Castro on
April 5, 2000 (File of attachments to the State’s response, page 5383); Jorge Alberto Núñez Cárcamo on April 26,
25