17
56.
On February 9, 1995, a representative of the Attorney General’s Office filed a
request for “appearance” in the instant case.42 During the processing of such investigation,
eight prosecutors “were designated” as representatives of the Attorney General’s Office.43
57.
On March 6, 1995, police sergeant Ismael Perdomo took Juan Francisco LópezMejía, a 16-year old boy, who was allegedly responsible for the events, before the
authorities of the Bureau of Criminal Investigations (Dirección de Investigación Criminal).44
In his statement, the young boy admitted his responsibility for the events and accused two
of his relatives.45 On that same day, the Criminal Magistrate’s Court of the city of Tela
ordered the arrest of Mr. Juan Mejía-Ramírez and Mr. Sabas Mejía-Ramírez, identified as
alleged suspects for the murder of Mrs. Blanca Jeannette Kawas-Fernández.46 On March 8,
1995, the Court “annulled the warrant of arrest issued”.47 Even though this decision was
groundless, the prosecutor in charge of the investigation at that time stated in a subsequent
statement (infra para. 63) that Juan Francisco López-Mejía confessed to have been coerced
into rendering an incriminating statement; therefore, the arrest was declared without
Merits.
58.
On March 23, 1995, the last of the 27 witness testimonies mentioned above was
received from an Army Coronel, Mr. Amaya.48 One year later, on March 10, 1996, the Tela
42
Cf. request for “appearance” of the Attorney General’s Office filed by José Francisco Pineda-Ayala with the
Criminal Magistrate’s Court in and for Tela(record of appendixes to the answer to the application, appendix 8, folio
2108).
43
Cf. request for “appearance” by the Attorney General’s Office (record of appendixes to the answer to the
application, appendix 8, folio 2108); official letter of April 17, 1995, sent by José Mario Salgado-Montalbán, for
“appearance” by a member of the Attorney General’s Office, Criminal Magistrate’s Court in and for Tela (record of
appendixes to the answer to the application, appendix 8, folio 2168); official letter of June 8, 2001, sent by
prosecutor Luis Javier Santos-Cruz, for “appearance” by a member of the Attorney General’s Office, Criminal
Magistrate’s Court in and for Tela (record of appendixes to the answer to the application, appendix 8, folio 2177);
official letter of August 14, 2003, sent by prosecutor Jacobo Jesús Erazo-Osorto, for “appearance” by a member of
the Attorney General’s Office, Criminal Magistrate’s Court in and for Tela (record of appendixes to the answer to
the application, appendix 8, folio 2182); official letter of September 19, 2003, sent by prosecutor Luis Javier
Santos-Cruz, for “appearance” by a member of the Attorney General’s Office, Criminal Magistrate’s Court in and for
Tela (record of appendixes to the answer to the application, appendix 8, folio 2192), brief of December 1, 2006,
sent by prosecutor María de los Ángeles Barahona-Díaz, for “appearance” by a member of the Attorney General's
Office, Court of First Instance in and for Tela (record of appendixes to the answer to the application, appendix 8,
folio 2429), and brief of June 12, 2008, sent by prosecutor Eduardo Antonio Lagos-Galindo, for “appearance” by a
member of the Attorney General's Office, Court of First Instance in and for Tela, Atlántida (record of appendixes to
the answer to the application, appendix 8, folio 2546).
44
Cf. witness testimony of Saúl Benjamín Zapata-Mejía of January 20, 2004, supra note 31; Technical and
Legal Opinion No. DCAT-SATJ- AFS 022/2003, supra note 31; and memorandum addressed to Bureau of Criminal
Investigations director Wilfredo Alvarado by Carlos Cruz-Pérez, coordinator of the Bureau of Criminal Investigations
of Tela, on May 10, 1996 (record of appendixes to the brief of requests and arguments, appendix L.11, folios 1714
to 1716).
45
Cf. statement of Juan Francisco López-Mejía rendered on March 6, 1995, before the Criminal Magistrate’s
Court in and for Tela (record of appendixes to the answer to the application, appendix 8, folio 2276).
46
Cf. official letter March 6, 1995, of the Criminal Magistrate’s Court in and for Tela whereby it Ordered the
arrest of Mr. Sabas Mejía-Ramírez and Mr. Juan Mejía-Ramírez (record of appendixes to the answer to the
application, appendix 8, folio 2174 and 2176).
47
Cf. official letter of March 8, 1995, of the Criminal Magistrate’s Court in and for Tela, whereby the warrant
of arrests for Mr. Sabas Mejía-Ramírez and Mr. Juan Mejía-Ramírez were annulled (record of appendixes to the
answer to the application, appendix 8, folio 2175).
48
Cf. statement of Mario Amaya rendered on March 23, 1995, supra note 41.