petitioner was not found in the court records”174 the matter was referred back to the Court
of its provenance for the appropriate action. After this, no further legal action took place.
B.5.4. Regarding Ítalo Iván Lemus Santos175
98.
On April 29, 2008, the suspect Ítalo Iván Lemus was detained and placed in the
custody of the Civil Court to be processed for the crimes of homicide and attempted
homicide to the detriment of Mr. Luna López and Silvia Gonzales. Lemus was arrested in the
Toncontin International Airport as a deportee from the United States of America.176 Thus,
on April 30 of that same year, he gave his first preliminary statement.177 Subsequently, on
May 5, the Civil Court ordered his provisional detention.178
99.
On October 14, 2008, the defense counsel of Ítalo Lemus requested that the courtordered imprisonment be revoked due to lack of merit.179 However, this petition was denied
in a ruling on October 21, 2008.180 In light of the foregoing, the defense filed an application
for reconsideration, which was rejected on November 12, 2008.181
100. On March 10, 2009, Prosecutor Adalgicia Silvana Chinchilla Suazo (hereinafter,
“Prosecutor Chinchilla”) formalized the charges against Mr. Ítalo Lemus.182 On August 10,
11 and 13, 2009, the relevant hearings were conducted for the examination of the
evidence.183
101. On October 13 and 27, 2009, Prosecutor Chinchilla and the defense formulated their
conclusions, respectively.184
174
Cf. Ruling of the Constitutional Chamber of the Supreme Court of Justice of September 23, 2008 (File of
attachments to the State’s response, pages 6087 to 6092).
175
According to the representatives, the initial investigative proceedings regarding Ítalo Iván Lemus are found in
file 1128-98. Subsequently, file 1316-99 was opened to investigate the participation of Ítalo Iván Lemus, Marcos
Morales and Wilfredo Pérez. Finally, some of the proceedings conducted appear in file 035-02 (Merits file, page 144,
footnote 152).
176
Cf. Brief of April 29, 2008, of the Criminal Investigation Division (File of attachments to the State’s response,
page 6112).
177
Cf. Statement of the accused Ítalo Iván Lemus Santos rendered on April 30, 2008 (File of attachments to the
State’s response, page 6117).
178
Cf. Ruling of the Catacamas Civil Court on May 5, 2008 (File of attachments to the State’s response, page
6126). On September 25, 2008, a judicial inspection was conducted on the premises of the Human Resources
Department of Corporative Security Company S.A. to determine the employment status of Ítalo Iván Lemus at the
time when Mr. Luna López was murdered. In reference to this, on October 1, 2008, the witness statement of
Francisco Reinaldo Rivera Ramos was received (File of attachments to the State’s response, page 6180).
179
Cf. Application to revoke the detention order of October 14, 2008 (File of attachments to the State’s
response, page 6184 to 6191).
180
Cf. Ruling of the Catacamas Civil Court on October 21, 2008 (File of attachments to the State’s response,
pages 6197 to 6201).
181
Cf. Ruling of the Catacamas Civil Court of November 12, 2008 (File of attachments to the State’s response,
page 6203).
182
Cf. Brief for the Formalization of the Indictment against Ítalo Iván Lemus Santos of March 10, 2009 (File of
attachments to the State’s response, pages 6225 to 6229).
183
Cf. Ruling of the Catacamas Civil Court of June 30, 2009 (File of attachments to the State’s response, page
6308); statement of Silvia Gonzales rendered on August 10, 2009 (File of attachments to the State’s response, page
6315) and confrontation hearing between Josefa Dolores Navarro Hernández and Álvaro Danilo Zapata of August 11,
2009 (File of attachments to the State’s response, page 6320).
184
Cf. Judgment of the Catacamas Civil Court of Olancho Province of November 12, 2009 (File of attachments to
the State’s response, page 6370).
31
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