addition the Court authorized the inclusion of the expert opinion of Clarisa Vega, a former
Special Environmental Prosecutor, rendered in the Case of Kawas Fernández v. Honduras,
and the documentation presented before the Court by this expert in support of her
assessment.12 Regarding the evidence rendered at the public hearing, the Court heard the
statements of the presumed victim, Mr. César Augusto Luna Valle;13 of two witnesses,
Messrs. Omar Menjívar Rosales14 and Adrián Octavio Rosales,15 and the expert witness, Mr.
Juan Antonio Mejía Guerra16 (supra para. 7).
B.
Admission of the evidence
B. 1. Admission of the documentary evidence and the testimony of the
presumed victims
12.
In this case, as in others, the Court admits those documents forwarded by the
parties at the appropriate procedural stage (supra paras. 4 to 6), which have not been
disputed or challenged, or their authenticity questioned.17 The documents that were
requested by the Court and submitted by the parties after the public hearing18 have been
incorporated into the body of evidence in accordance with Article 58 of the Court’s Rules of
Procedure.
13.
Regarding the report on the investigation conducted by the Honduran Criminal
Investigation Division, requested by the Court at the public hearing and submitted by the
State together with its final written arguments, the representatives argued that they did not
have an opportunity to perform an exhaustive analysis of the report, and asked the Court to
“remove from the body of evidence those documents referring to evidence that does not
form part of the factual framework established by the […] Commission.” In this respect, the
Court reiterated its jurisprudence that a contentious case is fundamentally a dispute
between the State and a petitioner or a presumed victim. Both of them and the State can
Luna Valle as a result of violations of their human rights, particularly the execution of Carlos Antonio Luna López.
Furthermore, the State withdrew the opinion of the expert Mr. Nery Velázquez.
12
Cf. Case of Luna López v. Honduras. Order of the President of the Court on December 20, 2012, supra,
Considering para. 14.
13
Statement of César Augusto Luna Valle regarding the facts of the case, the efforts made at the domestic
level to obtain justice, the threats received during the proceedings and the damages and effects suffered by him
and his family.
14
Statement of Omar Menjívar Rosales, attorney and former Prosecutor assigned to the case of Carlos
Antonio Luna López, with respect to the conduct of the investigation process, the obstacles faced in punishing all
those responsible, the threats received by him and the irregularities that were committed to delay the proceedings
and ensure the impunity of some of those responsible.
15
Statement of Adrián Octavio Rosales, Prosecutor of the Office of the Honduran Attorney General, with
respect to the visit made by Messrs. Carlos Antonio Luna López and Jose Ángel Rosa Hernández to him; the
manner in which they discussed the criminal trial in accordance with the 1984 Code of Criminal Procedures, and
the progress made during his period in charge of the Public Prosecutor’s Office to determine the criminal
responsibility of those involved in the death of Mr. Carlos Antonio Luna López.
16
Statement of the expert Juan Antonio Mejía Guerra, Licentiate in Philosophy and Agronomy, regarding the
context of risk, violence and impunity that affects human rights defenders in Honduras, including environmentalists
from the 1990’s until the present day.
17
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 140,
and Case of Suárez Peralta, supra, para. 32.
18
Memorandum from the Secretariat of the Inter-American Human Rights Court of February 22, 2013,
requesting a copy of the police investigation file of the case referred to in file 1128, namely the Investigation
Report of the Honduran Criminal Investigation Division, to facilitate adjudication. The State provided this along
with its final brief of pleadings and attached a copy of the judgments delivered in the judicial proceedings against
Messrs. Oscar Aurelio Rodríguez Molina, Ítalo Iván Lemus Sánchez, José Ángel Rosa Hernández and Jorge Adolfo
Chávez for the death of Mr. Carlos Luna López.
8