67.
On May 24, 2001, Prosecutor Omar Menjívar Rosales (hereinafter, “Prosecutor
Menjívar”) presented his brief of conclusions.112 Similarly, on June 11 and August 15, 2001,
the legal representative of Mrs. Mariana Lubina López de Luna and the defense presented
their respective conclusions.113
68.
Through briefs of September 12 and 27, October 9 and 24, November 8, 2001;
January 23, April 1 and 25, May 29, 2002, Prosecutor Menjívar asked the Civil Court to
deliver a judgment without further delay.114
69.
On December 11, 2002, the Civil Court issued a judgment of first instance, whereby
it sentenced Oscar Aurelio Rodríguez Molina to 20 years imprisonment for the murder of Mr.
Carlos Luna López and imposed a term of 6 years imprisonment for the crime of serious
injuries to the detriment of Mrs. Silvia Gonzales.115
70.
On June 15, 2004, the Civil Court received a third statement from the convict Oscar
Aurelio Rodríguez Molina, affirming that José Ángel Rosa and Fredy Salgado, “son” of Mayor
Salgado, had hired Alberto Isidoro Calix and Ítalo Iván Lemus to kill Mr. Luna López and
that Mr. Jorge Chávez was not involved in the crime. He explained that he was reporting
this matter because he knew they were going to kill him.116 On June 19, 2004, Oscar
Aurelio Rodríguez Molina was transferred from the Comayagua Prison to the National
Penitentiary and was assigned to Casa Blanca Module. Nevertheless, “[o]n the following day
he was moved to the Diagnostic Module after threats were made against his life, given that
while he was in Juticalpa Prison he had been general coordinator, and for this reason he had
problems in the Casa Blanca module.”117
71.
On September 20, 2004, the Civil Court received a new statement from Oscar Aurelio
Rodríguez Molina, in which he confirmed his previous statement of June 15, 2004, and
pointed out that José Ángel Rosa and Fredy Salgado “son” were interested in killing him.118
Based on the statement of Mr. Rodríguez Molina, on September 27, 2004, the attorney for
Mariana Lubina López de Luna asked the Civil Judge to issue a warrant for the arrest of
Alberto Isidoro Calix, Fredy Noel Salgado “Guifarro,” Alejandro Fredy Salgado Cardona and
112
Cf. Brief of conclusions of the Public Prosecutor of May 24, 2001 (File of attachments to the State’s response,
page 7190).
113
Cf. Brief of conclusions of Mrs. Mariana Lubina López de Luna’s attorney of June 11, 2001 (File of
attachments to the State’s response, page 7200) and brief of conclusions of the attorney for Mr. Oscar Aurelio
Rodríguez Molina of August 15, 2001 (File of attachments to the State’s response, page 7211).
114
Cf. Briefs requesting issue of the judgment of September 12, 2001 (File of attachments to the State’s
response, page 7217); September 27, 2001 (File of attachments to the State’s response, page 7219); October 9,
2001 (File of attachments to the State’s response, page 7221); October 24, 2001 (File of attachments to the State’s
response, page 7223); November 8, 2001 (File of attachments to the State’s response, page 7226); January 23,
2002 (File of attachments to the State’s response, page 7231); April 1, 2002 (File of attachments to the State’s
response, page 7233); April 25, 2002 (File of attachments to the State’s response, page 7237), and May 29, 2002
(File of attachments to the State’s response, page 7253).
115
Cf. Judgment of Catacamas Civil Court of Olancho Province of December 11, 2002 (File of attachments to the
State’s response, page 7270).
116
Cf. Statement of Oscar Aurelio Rodríguez Molina rendered on June 15, 2004, before the Civil Court (File of
attachments to the Report on Merits, pages 537 and 538).
117
Cf. Decree of March 8, 2006 issued by the Legal Section of the Court of Enforcement, Tegucigalpa,
Francisco Morazán Province (Merits file, page 1174).
118
Cf. Statement of Oscar Aurelio Rodríguez Molina rendered on September 20, 2004, before the Catacamas
Civil Court (File of attachments to the State’s response, page 5970).
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