for the purpose of “proceeding separately against Mr. Oscar Aurelio Rodríguez and refer them to the plenary stage.” The second investigation, opened on May 4, 2000, was recorded in file no. 1316-99, and was conducted against Ítalo Iván Lemus, Marcos Morales, Jorge Chávez Hernández, Wilfrido Pérez and José Ángel Rosa, for subsequent referral to the plenary stage. However, given the absence of certain proceedings, on August 29, 2002, the investigation against Jorge Chávez, who was in custody awaiting trial, was once again separated, under file 043-2004, for the purpose of referring the charges against him to the plenary. 176. It is worth recalling that it is not up to the Court to analyze the hypotheses developed about perpetrators during the investigation of the facts or to determine individual responsibilities, since this task corresponds to the domestic criminal courts, but rather to evaluate the actions and omissions of State agents in accordance with the evidence presented by the parties.273 Accordingly, the Court will first analyze the proceedings conducted against the material authors, and subsequently against the intellectual authors and others mentioned during the proceedings. a) Presumed material authors 177. Oscar Aurelio Rodríguez was identified as alleged perpetrator and arrested on October 22, 1998. A Judgment was handed down against him on December 11, 2002, sentencing him to 20 years imprisonment for the murder of Mr. Luna López and six years for serious injuries to Mrs. Silvia Gonzales (supra para. 69). On June 28, 2006 (supra para. 72), Oscar Aurelio Rodríguez Molina was murdered while detained in the National Penitentiary. 178. With regard to the other defendant, Ítalo Iván Lemus, the Court records indicate that on February 21, 2001, a warrant was issued for his arrest. However, he managed to evade justice. Subsequently he was deported from the United States of America and arrested on April 29, 2008, at the Toncontin International Airport. On November 12, 2009, he was acquitted.274 On June 4, 2010, in consideration of the appeal presented by the Prosecutor’s Office, the Third Court of Appeals revoked that ruling and sentenced him to 18 years’ imprisonment for the murder of Carlos Luna and eight years and eight months’ imprisonment for the attempted murder of Mrs. Silvia Gonzales.275 Subsequently, on January 10, 2013, the Supreme Court ruled inadmissible the appeal for dismissal filed against this judgment and confirmed the sentence imposed. On February 20, 2013, an order was issued for the arrest of Mr. Ítalo Lemus, who had benefited from measures alternative to imprisonment and to date there is no record of his capture. b) Presumed intellectual authors 273 Cf. Case of Kawas, supra, para. 79 and Case ofVera Vera et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of May 19, 2011. Series C, No. 226, para. 93. 274 Cf. Judgment issued by the Catacamas Civil Court in file No. 035-2002 on November 12, 2009. This acquittal was issued after citing the existence of “reasonable doubts regarding the participation of the accused in the events […] since he was not fully identified as the person who accompanied Oscar Aurelio Rodríguez Molina on the day of the events” (File of attachments to the State’s response, pages 6364 to 6370). 275 Cf. Judgment issued by the Third Court of Appeals of Tegucigalpa in file No. 20-2010 of June 4, 2010, concluding that: “the elements of evidence that sustain [the] judgment, duly proven, are many and are consistent with the circumstances, which […] suggests that the accused Ítalo Iván Lemus Santos participated in the facts as an author; without this evidence being discredited by others who reach different conclusions” (File of attachments to the State’s response, page 6472). 54