48
36.
on January 24, 2003, the Second Court of First Instance of Intibucá requested
information from the Section Judge of First Instance of Marcala on the order to
transfer Ángel Belisario Hernández González, and the habeas corpus remedy, and
instructed Regional Command No. 10 to certify the complaint by Miguel Ángel Pineda
and provide information on policeman Ponce, who was with Mr. Hernández González
on July 11, 1992. That same day the police reported that it was unable to supply
that information, as said files “were accidentally burned in the institution’s
warehouse;”85
37.
on February 3, 2003, the Public Prosecutor’s Office and the legal counsel for
the accused appeared before the Section Court of Appeals of Comayagua.86 On
February 7, 2003, he sent his brief to the Attorney General of the Republic.87 On
February10, 2003 the legal representative of the accused expanded his request for
annulment of the contested order, stating that there were no grounds to keep him
in remand;88
38.
on February 26, 2003, the prosecutor for the Public Prosecutor’s Office asked
that the request made by the legal representative be admitted and that the arrest
warrant be annulled, as “there [wa]s not the slightest reasonable evidence that
Ángel Belisario Hernández participated in the death of Juan Humberto Sánchez.”89
On March 3, 2003, the legal representative stated that Ángel Belisario Hernández
González should not be kept in prison merely due to the existing international
application;90
E)
With respect to the family of Juan Humberto Sánchez
85
Communication by the Second Departmental Court of First Instance of Intibucá addressed to the
Section Court of First Instance of Marcala dated January 24, 2003, in a file at the Secretariat of the Court
entitled “Caso Juan Sánchez. Fondo. Tomo IV,” p. 1456; Communication by the Second Departmental
Court of First Instance of Intibucá addressed to regional commander No. 10 of the national preventive
police, dated January 24, 2003, in a file at the Secretariat of the Court entitled “Caso Juan Sánchez.
Fondo. Tomo IV,” p. 1457; and Attestation issued by the preventive police, operational section, in
response to the communication sent by the Second Departmental Court of First Instance of Intibucá dated
January 24, 2003, in a file at the Secretariat of the Court entitled “Caso Juan Sánchez. Fondo. Tomo IV,”
p. 1461.
86
Writ of appearance of the prosecutor of the Public Prosecutor’s Office addressed to the Appellate
Court of Comayagua dated February 3, 2003, in a file at the Secretariat of the Court entitled “Caso Juan
Sánchez. Fondo. Tomo IV,” p. 1469; Receipt of the brief by the Appellate Court of Comayagua dated
February 4, 2003, in a file at the Secretariat of the Court entitled “Caso Juan Sánchez. Fondo. Tomo IV,”
p. 1470; and Writ of appearance of the defense counsel for Ángel Belisario Hernández addressed to the
Appellate Court of Comayagua dated February 3, 2003, in a file at the Secretariat of the Court entitled
“Caso Juan Sánchez. Fondo. Tomo IV,” pp. 1471 to 1474.
87
Request for attestation made by the Attorney General of the Republic addressed to the Appellate
Court of Comayagua and its receipt by that Court, dated February 7, 2003, in a file at the Secretariat of
the Court entitled “Caso Juan Sánchez. Fondo. Tomo IV,” pp. 1477 to 1480.
88
Expansion of statement of grievances made by the legal representative of Ángel Belisario
Hernández addressed to the Appellate Court of Comayagua dated February 10, 2003, in a file at the
Secretariat of the Court entitled “Caso Juan Sánchez. Fondo. Tomo IV,” pp. 1487 to 1495.
89
Brief by the court agent of the Public Prosecutor’s Office with respect to notification, answer to
grievances and assent to appeal filed before the Appellate Court of Comayagua dated February 26, 2003,
in a file at the Secretariat of the Court entitled “Caso Juan Sánchez. Fondo. Tomo IV,” pp. 1498 to 1500.
90
Brief by the legal counsel of Ángel Belisario Hernández returning notification, filed before the
Appellate Court of Comayagua on March 3, 2003 in a file at the Secretariat of the Court entitled “Caso
Juan Sánchez. Fondo. Tomo IV,” pp. 1503 to 1506.
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