that complexity should be determined by the nature of the charges, the number of accused
and the political and social situation prevailing in the place and at the time when the events
occurred.289
191. Accordingly, based on the criteria taken into account by this Court in determining the
complexity of the case, it notes that: i) the motive for the murder of Mr. Luna López is
related to his work in defense of the environment and the complaints he made; ii) the
incident occurred in a public place and therefore in the presence of witnesses; iii) in terms
of the number of accused, this Court considers that the full number of alleged perpetrators
was established in the different statements rendered in the proceeding; iv) the material
authors acted as hired gunmen, which indicates the involvement of intellectual authors; v)
the participation of at least 10 alleged material and intellectual authors was investigated; vi)
two judges withdrew from the case due to alleged partiality and fear; vii) two prosecutors
were allegedly threatened by the accused; viii) one of the material authors was a fugitive
from February 21, 2001, when the warrant for his arrest warrant was issued, until April 29,
2008, when he was deported from the United States of America and detained at the
Toncontin Airport. This indicates that the case was complex.
192. With respect to the conduct of the judicial authorities, several failings, omissions and
delays in the proceeding have been documented, mainly attributable to actions by the
judiciary (supra para. 170). Nevertheless, the Court notes that in the course of the judicial
investigations: i) approximately 120 statements were taken from family members, friends,
Mr. Luna López’s colleagues from the Municipality, eyewitnesses and the alleged
perpetrators; ii) approximately nine face-to-face hearings were held; iii) two inspections
were conducted at the crime scene; iv) numerous arrest warrants and immigration alerts
were issued against the presumed perpetrators; v) a judicial file regarding the crimes of
theft of timber, damages and a cover-up that involved the alleged perpetrators of the
murder of Mr. Luna López was investigated; vi) a judicial inspection was conducted in the
regional offices of CODEFHOR in Juticalpa to examine the records of hearings and visits to
this institution; vii) the material and intellectual authors were investigated, resulting in final
court rulings.
193. As to the determination of responsibility,290 the Court considers that, taking into
account the complexity of the case, the conviction of the first material author in 2002, and
the final acquittal of Jorge Chávez before the Supreme Court in 2006, occurred within a
reasonable period of time. On the other hand, the recent conviction of the second material
author did involve greater delay, particularly since his arrest warrant has not yet been
executed. Nevertheless, it is worth mentioning that in view of the fact that the accused was
a fugitive from justice, he was deported in 2008 and convicted in 2013; therefore, taking
these circumstances into account, the Court finds the time period reasonable. As to
determining the responsibility of other persons mentioned in the case, the authorities
conducted several proceedings, which concluded in 2004, due to the lack of evidence that
would establish their participation.
289
Cf. ECHR, Case of Milasi v. ltaly. Judgment of June 25, 1987, para. 16.
290
From the time of the events and as part of the investigations carried out in this case, one of the material
authors was sentenced of three years and six months in prison (2002). He was later murdered while in the State’s
custody, after reporting on several occasions that he had received death threats because of his testimony and had
requested protection (2006). Regarding the intellectual authorship, a process was opened against the two
presumed perpetrators. One was acquitted seven years after the beginning of the trial against him (2006) and the
other was murdered during his trial, which lasted more than 10 years (2008). In 2013, a second material author
was convicted after a process lasting approximately 14 years and six months (2013), but has not been arrested to
date.
58
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