28
called our attention was that he said that the Head of Police Department of Tela[,] had exerted
pressure upon him [to have him self incriminated] for the murder under threats of death; our
suspicion that the Police knew the identity of the actual murderers and was concealing it[;] nearly
a week afterwards, the Court of Tela released the minor due to lack of Merits of the accusation
against him, but they found his testimony useful in the sense that we were initiating
investigations on the participation of police authorities in the events. Thus, we reached a
community called Sparta, where one of the individuals who had planned the murder lived, known
by his nick name: “the Tiger”, who had acted in connivance with other wealthy people of the area
to plan the events, apparently having as main grounds or reason that Yaneth [sic] Kawas was a
tireless environmental activist and opposed to a tourism project to be developed in Tela bay […]
at an area protected as National Park.107
91.
It is worth repeating that, based on the evidentiary elements provided on March 2,
2004, the prosecutor “assigned” to the case requested the Judge of the Court of First
Instance in and for Tela to request the arrest of the Police sergeant as “alleged responsible
for the crimes of abuse of authority and coercion to the detriment of public authorities”108
(supra para. 64).
92.
Based on the above, the Court notes that the authorities in charge of the
investigation identified indications of the participation of the aforementioned police sergeant
in the murder of Blanca Jeannette Kawas-Fernández109. In addition to the actions for
obstruction of justice by such police officer, the authorities considered that the early
presence of the sergeant in the crime scene was suspicious,110 as well as the fact that a few
days before the death of Mrs. Kawas-Fernández, he was seen while meeting111 with an Army
Colonel who had disagreements with Mrs. Kawas-Fernández and who is also suspected of
having some kind of involvement in the crime.112
93.
In that regard, in its reports, the DGIC held that “pursuant to the statements
[received] and that of the last witness, Dencel, sergeant Ismael Perdomo is the key suspect
for the events since he always tried to hide the identity of those who murdered Mrs.
Kawas[. T]his witness, Dencen, states that sergeant Sargento Ismael Perdomo, when the
Lombardía suspects were captured, […] he drove the vehicle of Coronel Amaya,[and that]
107
Cf. witness testimony of Saúl Benjamín Zapata-Mejía of January 20, 2004, supra note 31.
108
Cf. brief of requests for a warrant of arrest sent by prosecutor Luis Javier Santos-Cruz to the Court of First
Instance in and for Tela, March 2, 2004 (record of appendixes to the answer to the application, appendix 8, folio
2402).
109
Cf. memorandum addressed to Bureau of Criminal Investigation Director Alvarado, supra note 44;
Technical and Legal Opinion No. DCAT-SATJ- AFS 022/2003, supra note 31, and investigation report by the General
Bureau of Criminal Investigations of October 30, 2003, signed by Daniel Barahona, supra nota 31.
110
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31.
111
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31; statement rendered by Dencen
Alex Andino-Alvarado on August 9, 2003, supra note 51; investigation report by the General Bureau of Criminal
Investigations of October 30, 2003, signed by Daniel Barahona, supra nota 31, and official letter of October 29,
2003, addressed to the Non-commissioned Officer III of the DGIC by the Local Coordinator of the Attorney
General’s Office in and for Tela (record of appendixes to the answer to the application, appendix 8, folios 2344 to
2345).
112
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31; report of the DGIC not dated
(record of appendixes to the brief of requests and arguments, appendix L.1, folio 2393); report of November 27,
2006, addressed to the General Director of Criminal Investigations (record of appendixes to the answer to the
application, appendix 8, folios 2498), and statement of Mario Amaya rendered on March 23, 1995, before Criminal
Magistrate’s Court in and for Tela (record of appendixes to the answer to the application, appendix 8, folio 2161).
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