of Mr. Ángel León Pacheco was not in the court record.” 91 Likewise, it was indicated that “the last action taken
by the prosecution is an identity card notification request” of February 13, 2002. 92
62.
According to what was indicated by the parties at the public hearing with the IACHR, in
2005, Ángel Pacheco’s mortal remains were disinterred in order to draw DNA samples, which were examined
and compared with evidence found at the crime scene. 93 They added that after the analysis they did not find
any positive results.94 According to a letter of May 9, 2005 from the Crime and Forensic Laboratory of the
Forensic Medicine Department, Mr. Ángel Pacheco’s DNA samples “were destroyed.” 95 On the basis of
available information, the IACHR has not been able to identify the context in which this disinterment took
place or who requested it or the concrete evidence used to compare DNA evidence.
63.
On March 1, 2010, the Prosecutor Osmin Alvarado forwarded a report to the Regional
Coordination of the Prosecution Service of the southern zone. 96 It indicated that the National Criminal
Investigation Department (Dirección Nacional de Investigación Criminal—DNIC) dismantled the team that
was investigating the case “without being interested subsequently or currently in solving the case, as a result
of which the investigations have come to a standstill.”97 It was recommended that a decision be taken to
assign special staff “which would therefore require a team of investigators and technical experts, as well as
the logistics to move forward.”98
64.
Likewise, the report concluded that “the DNIC has not brought any element of evidence that
would make it possible to identify the perpetrators or instigators of said crime.” 99 It added that “the only
hypothesis that continues to be used is that the perpetrator of the crime was a preventive police officer and
that the instigators were Benjamín Cárdenas, Manuel Vides, and a man known as CHICHO, and that to date no
statement or element of proof has been provided that would justify or substantiate such proceedings.”
5.
Threats to the next of kin of Mr. Pacheco León
65.
After the death of Ángel Pacheco León, his brother José was declared congressperson-elect of
the National Congress of Honduras for the term of office extending from January 25, 2002 to January 25,
2006.100 The petitioners pointed out that, after taking office, Mr. José Pacheco verbally requested the Minister
of Security at the time to provide him with measures of protection. 101 They indicated that his request was
91 Memorandum of the Prosecutor of the Attorney General's Office of the Department of Valle of July 15, 2004. Annex to the
communication from the petitioners of September 29, 2004.
92 Memorandum of the Prosecutor of the Attorney General's Office of the Department of Valle of July 15, 2004. Annex to the
communication from the petitioners of September 29, 2004.
93
IACHR,
Public
hearing
of
October
https://www.youtube.com/watch?v=vwvkbeQgHLo
14,
2014.
153rd
period
of
sessions.
Available
at:
94
IACHR,
Public
hearing
of
October
https://www.youtube.com/watch?v=vwvkbeQgHLo
14,
2014.
153rd
period
of
sessions.
Available
at:
95 Official communication from the Crime and Forensic Laboratory of the Forensic Medicine Department of May 9, 2005. Annex
to the communication from the petitioners of December 16, 2005.
96 Communication to the Regional Coordinator of the Prosecution Office of the southern zone of March 1, 2010. Annex to the
communication from the petitioners of March 13, 2013.
97 Communication to the Regional Coordinator of the Prosecution Office of the southern zone of March 1, 2010. Annex to the
communication from the petitioners of March 13, 2013.
98 Communication to the Regional Coordinator of the Prosecution Office of the southern zone of March 1, 2010. Annex to the
communication from the petitioners of March 13, 2013.
99 Communication to the Regional Coordinator of the Prosecution Office of the southern zone of March 1, 2010. Annex to the
communication from the petitioners of March 13, 2013.
100 Credential of the Republic of Honduras. Page 2 of the court case file. Annex to the communication from the petitioners
received by the IACHR on August 27, 2004.
101
Communication from the petitioners of July 24, 2007.