stated that they had had to be escorted by the public prosecutor's office. 35 The State did not contest this
information.
42. On March 17, 2004, the Judicial District Criminal Court of First Instance of San Pedro Sula handed down a
judgment acquitting Marco Tulio Regalado. The Court considered that "after analyzing and weighing all the
evidence brought during the proceedings, this court still has doubts as to whether the accused committed the
crime and therefore deems it appropriate to issue an acquittal." 36 The State indicated that following that
judgment Mr. Tulio Regalado was released.37
43. Following an appeal filed by the Public Prosecutors' Office, on May 23, 2005 the District Court of Appeals
of San Pedro Sula revoked the judgment of the court of first instance and sentenced Marco Tulio Regalado to
12 years in prison for the crime of murder. The Court maintained: "assessing as a whole the statements given
by Otilia Flores Ortiz, Luis Rolando Deras García, Irma Isabel Deras García, and Fausto Ramón Reyes Caballero,
as well as the death certificate and the confrontation hearing (...) this Court is convinced that Tulio Regalado
Hernández took part as perpetrator in the crime examined in these proceedings."38
44. Mr. Regalado's defense filed an appeal for annulment, which was declared groundless by the Supreme
Court of Justice on March 5, 2009. The Supreme Court stated:
The appellant bases his claim on the affirmation that the Court did not take into consideration several documents
issued by the Armed Forces that in his opinion constitute authentic documents. However, this Court reiterates
once again that said documents merely illustrate the accused's career. In no way do they demonstrate whether or
not he participated in the crime of which he stands accused. Therefore said documents are not valid for annulment
purposes. This court weighs the evidence presented at the trial and based on that assessment finds the accused
guilty. Since there was no error in the assessment of the evidence as the appellant asserts, this appeal is declared
groundless.39
45. On February 27, 2009, the Judicial District Court of Execution of Sentence in San Pedro Sula issued a
warrant for the arrest of Marco Tulio Regalado.40 The State pointed out that it had requested Interpol and the
National Directorate of Criminal Investigation to detain the convict and that the last time it did this was on
January 15, 2015.41 The IACHR has no information regarding detention of Mr. Tulio Regalado.
46. The IACHR also takes note of the information provided by the petitioners regarding other acts of
harassment and threats against Mr. Deras' next-of-kin, Thus, the petitioners maintained that on March 9, 2009,
three unidentified men entered the home of Otilia Flores and her daughter, Lorena, " destroyed everything in
the house" and took away personal items. They said that Lorena's 15-year-old son was pulled abruptly out of
bed and had a weapon pointed at his face.42 The petitioners also reported the following:
Patricia Alejandra Chavarría, aged 15, the daughter of Irma Isabel Deras, was filmed and threatened by agents of
the National Directorate of Criminal Investigation. Alba Luz Deras, who works for the Jesuits, received death
threats following the militarization of Radio Progreso. And the home of Luis Rolando Deras García is under
surveillance by unknown individuals in a green Chevrolet, with polarized glass windows and without a license
plate. The patrols usually take place between 7:30 and 9:30 p.m.43
IV. LEGAL ANALYSIS
Communication from the petitioners, February 2, 2014.
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.
37 State’s communication of April 11, 2016.
38 Annex 1. Decision of the District Court of Appeals of San Pedro Sula on May 23, 2005. Attached to judicial file 7591-02.
39 Annex 4. Certification of the ruling of the Supreme Court of Justice by the Office of the Clerk of the Court of the Court of Appeals. Appended
to the petitioners’ brief of August 2, 2010.
40 Annex 1. Arrest warrant issued by the Judicial District Court of Execution of Sentence in San Pedro Sula. Attached to judicial file 759102.
41 State’s communication of April 11, 2016.
42 Annex 1. Observations on the merits by the petitioners of February 2, 2016, folio 36.
43 Annex 1. Observations on the merits by the petitioners of February 2, 2016, folio 36.
35
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