20
30, 2004 testimony of Mr. Saúl Benjamín Zapata, former Coordinating Prosecutor in the city
of La Ceiba (Department of Atlántida), who mentioned the investigations made in the case
of the murder of Mrs. Blanca Jeannette Kawas-Fernández and, particularly, addressed the
police authorities’ involvement in the murder.61
64.
On March 2, 2004, the prosecutor requested the Judge of the Court of First Instance
in and for Tela to order the arrest of Police Sergeant Class III, Ismael Perdomo, as “alleged
responsible for the crimes of abuse of authority and coercion to the detriment of public
authorities”.62 On March 10, 2004, the arguments of the prosecutor and of the defendant
having been heard,63 the Court ordered a prohibition to leave the country upon Police
Sergeant Ismael Perdomo, and to get in contact with the witnesses or attend any places at
which they are usually present.64 On March 15, 2004, the Court of First Instance issued a
warrant of arrest against the aforementioned Police sergeant65 and rejected a request
submitted by the defense for final dismissal on the grounds that the crime was statutebarred.66 This decision was appealed.67
65.
On March 23, 2004, the Court of First Instance admitted without stay of execution
the appeal filed by the defense; therefore, it ordered that the record be sent to the Court of
Appeals of the city of La Ceiba, Atlántida.68 On that same day, the prosecutor of the
Attorney General’s Office requested the Court to initiate trial proceedings against the
National Police sergeant for the alleged commission of the crime of “concealment to the
detriment of public authorities”.69 On March 25, 2004, the court denied the request on the
61
Cf. witness testimony of Saúl Benjamín Zapata-Mejía of January 20, 2004, supra note 31.
62
Cf. brief of request for issuance of a warrant of arrest filed by prosecutor Luis Javier Santos-Cruz to the
Court of First Instance in and for Tela, on March 2, 2004 (record of appendixes to the answer to the application,
appendix 8, folio 2402).
63
Cf. brief of March 10, 2004, of Ismael Perdomo addressed to the Court of First Instance in and for Tela,
Atlántida (record of appendixes to the answer to the application, appendix 8, folio 2403). On March 10, 2004, Mr.
Ismael Perdomo appeared voluntarily at the premises of the First Instance Court in and for Tela, Atlántida, and
requested that “his interrogatory statement be received pursuant to the procedure set forth by law and,
furthermore, request that a provisional measure other than preventive detention be imposed”.
64
Cf. Order of the Court of First Instance in and for Tela, Atlántida, of March 10, 2004 (record of appendixes
to the answer to the application, appendix 8, folios 2404 and 2405).
65
Cf. Order for imprisonment against Ismael Perdomo-Velásquez issued by the First instance Court in and
for Tela, Atlántida, on March 15, 2004, (record of appendixes to the answer to the application, appendix 8, folio
2407 and 2408).
66
Cf. brief submitted by public counsel José Luis Mejía-Herrera before the First Instance Court in and for
Tela, Atlántida, on March 15, 2004 (record of appendixes to the answer to the application, appendix 8, folios 2409
and 2410), and Order of the Court of First Instance in and for Tela, Atlántida, of March 15, 2004 (record of
appendixes to the answer to the application, appendix 8, folio 2411).
67
Cf. brief submitted by public counsel José Luis Mejía-Herrera before the Court of First Instance in and for
Tela, Atlántida, on March 18, 2004 (record of appendixes to the answer to the application, appendix 8, folio 2414).
68
Cf. Order issued by the Court of First Instance in and for Tela, Atlántida on March 23, 2004 (record of
appendixes to the answer to the application, appendix 8, folio 2415).
69
Cf. brief of March 23, 2004, filed by prosecutor Luis Javier Santos-Cruz before the Court of First Instance
in and for Tela, Atlántida (record of appendixes to the answer to the application, appendix 8, folios 2416 and
2417).