102. On November 12, 2009, the Civil Court issued its judgment of first instance,
acquitting Mr. Ítalo Lemus and ordering his provisional release.185 In response to this
decision, Prosecutor Chinchilla filed an appeal186 and requested precautionary measures
against the defendant,187 which were ordered by the Court on November 13, 2009.188
103. In light of the appeal filed, on June 4, 2010, the Third Court of Appeals of Francisco
Morazán Province decided to sentence Ítalo Lemus to 18 years of imprisonment for the
murder of Carlos Luna López and to eight years and eight months for the attempted murder
of Silvia Gonzales.189
104. Finally, on January 10, 2013, the Criminal Chamber of the Supreme Court of Justice
ruled “inadmissible”190the appeal for the dismissal of the conviction handed down by the
Third Court of Appeals. The ruling was notified to Prosecutor Miriam Emilda García Pérez on
February 8, and to the attorney for Mr. Lemus Santos on February 13. Thus, given the fact
that Mr. Ítalo Iván Lemus had been released, on February 20, 2013, the Civil Court issued a
warrant for his arrest.191 However, to date he has not been captured. 192
B.5.5. Regarding Marcos Morales and Wilfredo Pérez
105. With respect to the investigations related to Marcos Morales and Wilfredo Pérez, who
were named by Oscar Aurelio Rodríguez Molina as being responsible for the death of Mr.
Luna López (supra para. 66), the Court notes that in February, 2001, the Civil Court issued
warrants for their arrest (supra para. 75). Likewise, in a subsequent statement of June 15,
2004, Mr. Oscar Aurelio Rodríguez Molina stated that “Messrs. Marcos Morales and Wilfredo
Pérez […] do not exist.”193 In this regard, the Court finds no additional judicial proceedings
with respect to the aforesaid defendants.
B.5.6. Regarding Lincoln Figueroa, Alejandro Fredy Salgado Cardona
and Fredy Noel Salgado Mejía
106. The Court notes that during the investigations conducted, various testimonies
referred to the alleged participation of Congressman Lincoln Figueroa in the death of Mr.
Luna López.194 In this regard, on September 6, 1999, Prosecutor Leoni submitted a report
185
Cf. Judgment of the Catacamas Civil Court of Olancho Province of November 12, 2009 (File of attachments to
the State’s response, page 6370).
186
Cf. Notification of Judgment of November 12, 2009, in which an appeal was filed (File of attachments to the
State’s response, page 6372).
187
Cf. Brief requesting Precautionary Measures of November 12, 2009 (File of attachments to the State’s
response, page 6373).
188
Cf. Hearing of November 13, 2009 (File of attachments to the State’s response, pages 6384 and 6385).
189
Cf. Judgment of the Third Court of Appeals of June 4, 2010 (File of attachments to the final written
arguments, page 9081).
190
Cf. Judgment of the Criminal Chamber of January 10, 2013 (File of attachments to the final written
arguments, page 9104).
191
Cf. Warrant for the arrest Ítalo Iván Lemus Santos of February 20, 2013 (File of attachments to the final
written arguments, page 8988).
192
Cf. State Communication of September 12, 2013, supra (Merits file, page 1114). According to the State’s
information, the last action was taken on March 14, 2013, with the application for an entry and search order for Mr.
Lemus’ home (Merits file, pages 1134 to 1135).
193
Statement of Oscar Aurelio Rodríguez Molina rendered on June 15, 2004, before the Catacamas Civil Court
(File of attachments to the State’s response, page 5982).
194
Cf. Statement of Eliseo Oviedo rendered on May 22, 1998 before the Criminal Investigation Division (File of
attachments to the final written arguments, page 9561); statement of Inés Verónica Mejía Herrera rendered on July
16, 1998, before the Catacamas Civil Court (File of attachments to the State’s response, page 5029); statement of
32
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