Inspections Division of the Public Prosecutor’s Office, who came from Tegucigalpa to
investigate the case. They prepared an investigative report at the crime scene, indicating
that “no one was in charge of the scene, which […] was contaminated by pedestrians and
vehicles moving through the area where the incident occurred.�� It is not clear whether the
area had been cordoned off.
161. Similarly, the Court has confirmed that during their inspection of the crime scene,
the investigators gathered some evidence and sent it to the Crime Laboratory of Forensic
Science (supra para. 50). For his part, the doctor who confirmed the death of Mr. Luna
López gave the bullet extracted from his body to his son, César Augusto Luna Valle (supra
para. 44). Subsequently, the staff of the Public Prosecutor’s Office received: a) from Daniel
Valle, the victim’s brother-in-law, five bullet casings of unknown caliber, yellow in color,
which was supposedly found near the place where Mr. Luna’s body fell, and b) from the
agent Adán del Cid, a “bullet,” yellow in color of unknown caliber, a deformed projectile,
silver in color, of unknown caliber; shrapnel, silver in color, of unknown caliber; a deformed
projectile of unknown caliber, which was supposedly recovered from Mr. Carlos Luna López’s
body,258 among other items. Based on the foregoing, some of the evidence was collected
and later delivered to the investigating authority by third parties.
162.
In addition, the Court notes that several preliminary investigations were carried out
to clarify the facts, including: a photographic record of the crime scene and of the evidence
found; the removal of samples from various blood stains which were tested for blood type;
the confiscation of two firearms to conduct the corresponding ballistic tests; the preparation
of a ballistic report on the bullet shells sent to the investigating agents; the confiscation and
inspection of a facsimile; the investigation of the complaint filed by Mr. Luna López on illegal
logging in the forest by the companies “PROFOFI,” “IMARA” and “La Fosforera,” and the
receipt of 42 witness statements in the first two months by the Public Prosecutor’s Office,
including family members, friends and municipal work colleagues of Mr. Luna López,
eyewitnesses and the presumed authors of the crime (supra para. 52). Similarly, the
Magistrates Court received another 29 statements during the first four months of the
investigation (supra para. 58).
163.
Regarding the official removal of the body and the autopsy, from the proven facts it
is clear that Mr. Luna López was wounded at 10:45 pm on May 18, 1998, outside the
Catacamas Municipal Building (supra para. 390). He was later transferred, still alive, in the
Mayor’s vehicle to the Campos Clinic in Catacamas, but according to witness statements, it
was closed (supra para. 43). They continued to the city of Juticalpa, approximately 45
minutes away, transporting the wounded in the back of a pick-up truck. Upon arrival at the
San Francisco Hospital in Juticalpa, two doctors confirmed that Mr. Carlos Luna López was
dead, without specifying the exact time of his death (supra para. 44). His body was later
delivered to his family and taken to Catacamas. The procedure for the “removal of the
corpse” was carried out the following day (May 19, 1998) during his wake at his mother’s
home. The expert in charge of this procedure concluded that the “apparent cause of death”
was an “abdominal trauma caused by a bullet fired from a weapon, with probable damage
to the large blood vessels.” No evidence was collected during this procedure, and no
autopsy was performed on the body (supra para. 49). The State indicated that “in the
context of the circumstances at that time, it did not have specialized technical staff in the
area where the incident occurred.”
258
Witness statement of Fausto Paulino Rovelo Vargas rendered on June 10, 1998 (File of attachments to the
final written arguments, page 9375).
49
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