on the day Herminio Deras died and the statements made by various family members.23 That same day, the complaint was admitted by the Judge of the Third Criminal Court of San Pedro Sula.24 35. The Commission notes that the Judge took statements from several members of Herminio Deras' family, who cited the occasions on which there had been persecution, threats, and harassment by State agents as well as what happened on January 29, 1983. In that connection, Isabel García stated that: I am absolutely sure that it was premeditated murder. (...) I would also like to point out that as long as I remember my brother was constantly persecuted by the police (the DNI at that time), because he was a political leader and trade union advisor, he was a member of the Communist Party of Honduras and was its secretary general at the time of his death. That persecution had gone on for years (...).25 36. Otilia Flores stated that there had been no investigation after she had filed her complaint in 1983, because "out of fear nobody went to investigate because it was the 1980s, when all the leaders of grassroots organizations were being repressed (...)"26 37. On May 19, 1999, the Judge ordered the arrest of accused Marco Tulio Regalado27, at the request of the Public Prosecutors' Office.28 The IACHR notes that in October 1999 Marco Tulio Regalado was detained and gave a statement, in which he claimed that he had had no part in Mr. Deras' death and did not know Fausto Reyes, He added that his work in Battalion3-16 had consisted of "analyzing the purposes pursued by trade union, religious, political, military and other organizations, with a view to making the country safe during the cold war." He added: " I did not know Mr., [Deras], nor do I know even whether he is alive or dead, which is what they asked me [esa pregunta me la hizieron (sic)] in the Inter-American Court of Human Rights."29 38. On October 7, 1999, the Judge ordered an ocular inspection of the Personnel Section of the Armed Forces in order to ascertain what tasks Marco Tulio Regalado performed. That inspection was not carried out because the archives in question were located at the Office of the Director of Personnel in Tegucigalpa. The Judge sent an official letter requesting that that office certify said officer's curriculum vitae via fax.30 The IACHR has no information as to whether or not that information was sent to the Judge. 39. That same day, the public prosecutor from the Public Prosecutors' Office asked for a face-to-face confrontation between Otilia Flores and Marco Tulio Regalado.31 That procedure was carried out in San Pedro Sula on October 8, 1999. During the hearing, Mr. Regalado denied knowing Fausto Reyes and denied that he had checked out Herminio Deras' car on the day he was murdered. For her part, Otilia Flores alleged that she had been tortured by Marco Tulio Regalado.32 40. On October 11, 199, the Judge issued a remand order against Marco Tulio Regalado for the crime of murder. 33 On November 3, 1999, the Judge issued a resolution stating her decision to conduct a separate investigation into Rafael Canales Núñez and Alexander Raymundo Hernández Santos "because they are fugitives from justice."34 41. According to the petitioners, on February 6, 2000, Otilia Flores and Elba Flores Ortiz were threatened when they were at the court to make another statement by a group of family members of Marco Tulio Regalado. They Annex 1.t Complain filed by the Public Prosecutors' Office on July 30, 1998. Attached to judicial file 7159-02. Annex 1.t Communication from the Third Criminal Court on July 30, 1998. Attached to judicial file 7159-02. 25 Annex 1. Statement by Isabel Deras García, on August 12, 1998. Attached to judicial file 7159-02. 26 Annex 1. Statement by Otilia Flórez Ortiz on August 12 1998. Attached to judicial file 7159-02. 27 Annex 1. Arrest warrant issued by the Third Criminal Court on January 19, 1999. Attached to judicial file 7591-02. 28 Annex 1. Application for an arrest warrant filed by the Public Prosecutors' Office on March 6, 1999. Attached to judicial file 7591-02. 29 Annex 6. Defendant's unsworn statement of October 5, 1999. Attached to judicial file 7591-02. 30 Annex 1. Communication from the Third Criminal Court on October 7, 1998. Attached to judicial file 7159-02. 31 Annex 1. Request for a face-to-face confrontation filed with the Third Criminal Court on October 7, 1999. Attached to judicial file 715902. 32 Annex 1. Minutes of the confrontation, October 8, 1999 Attached to judicial file 7159-02. 33 Annex 1. Arrest warrant (remand order) issued by the Third Criminal Court on October 11, 1999. Attached to judicial file 7591-02. 34 Annex 5. Ruling handed down by the Judicial District Criminal Court of First Instance of San Pedro Sula on March 17, 2004. Attached to judicial file 4366-02. 23 24 7