87. Subsequently, on June 16, 2006, by a unanimous vote, the Criminal Chamber of the Supreme Court upheld an appeal in favor of Jorge Chávez, absolving him of all charges155 having concluded that: “the judgment [of the Third Court of Appeals] lack[ed] a factual framework that described the events or omissions committed by Jorge Chávez, which [would provide] the evidentiary basis for considering him as intellectual author or accessory to the death of Carlos Luna, [since] the evidence which convict[ed] him lack[ed] the time, place and the method of payment or reward for committing the crime.156 [Moreover,] the evidence provided to demonstrate the guilt of the accused was not sufficient to weaken the constitutionally guaranteed presumption of innocence. [This] proof [was] sufficient to issue a detention order, where probability, not certainty, is required, but not sufficient to convict the accused. Since certainty beyond a reasonable doubt on the involvement of the accused in the crime committed is lacking, the prevailing doubt works in his favor and the appropriate action is to hand down an acquittal.”157 B.5.3. Regarding José Ángel Rosa158 88. On October 24, 2001, the Prosecutor responsible for the case asked the Civil Court to issue a warrant for the arrest of José Ángel Rosa, “considering that there was sufficient [evidence] against him to presume that he was the intellectual author of the murder and attempted murder [being investigated].”159 Accordingly, on October 31, 2001, the Civil Court issued the warrant requested.160 89. On October 1, 2002, the Civil Criminal Court of the Judicial District of Tegucigalpa received the statement of the accused José Ángel Rosa.161 90. Based on the brief of May 14, 2003 presented by José Ángel Rosa,162 on May 26, 2003, the Civil Court ordered his provisional release after concluding that there was no evidence incriminating him as a participant in the murder of Carlos Luna López.163 155 Cf. Judgment of the Criminal Chamber of the Supreme Court of Justice, Appeal for Dismissal of June 16, 2006 (File of attachments to the final written arguments, pages 9133 to 9143). 156 9138). Judgment of the Criminal Chamber of the Supreme Court of Justice, Appeal for Dismissal, supra (page 157 Judgment of the Criminal Chamber of the Supreme Court of Justice, Appeal for Dismissal, supra (pages 9142 and 9143). 158 According to the representatives, the process against Ángel Rosa was conducted under file 043-04. However, the records of several initial investigative procedures are contained in files 1128-98 and 035-02 (Merits file, page 140, footnote 120). 159 Request for arrest warrant of October 24, 2001 (File of attachments to the State’s response, page 5687). 160 Cf. Ruling of the Catacamas Civil Court of October 31, 2001 (File of attachments to the State’s response, page 5693). The Court notes that on November 20, 2001, the Prosecutor in charge of the case asked the Civil Court to issue an order to enter and search the private home of José Ángel Rosa Hernández in order to execute the warrant for his arrest. On February 4, 2002, the Magistrate’s Court granted this request and ordered the respective proceedings. Cf. Ruling of the Magistrates Criminal Court of February 4, 2001 (File of attachments to the State’s response, page 5774). 161 Cf. Statement of the accused José Ángel Rosa rendered on October 1, 2002, before the Civil Criminal Court of the Judicial District of Tegucigalpa (File of attachments to the State’s response, page 5871). 162 Cf. Brief of application for release on bail of May 14, 2003 (File of attachments to the State’s response, pages 5889 to 5892). 163 5894). Cf. Ruling of the Catacamas Civil Court of May 26, 2003 (File of attachments to the State’s response, page 29