4
As to the current status of the procedures initiated so far, the State alleged that: a)
in the proceeding initiated against Jorge Alberto Alfaro Martinez, the commitment order
delivered on February 21, 2005 was overturned, and therefore he was released. Said court
order was appealed by the Office of Public Prosecutor to the Supreme Court of Justice and
at the moment, the file is being processed before the Court of Appeals, b) in the proceeding
initiated against Victor Hugo Vivas Lozano, by means of resolution of April 7, 2006, the
court ordered pre-trial detention for the crime of concealment against the Government, the
preliminary investigation was exhausted and the case was referred to full trial. Afterwards,
the Trial Court on Judicial Criminal matters in and for Tegucigalpa rendered a conviction
against him for the crime of concealment committed against the Government and against
Orlando Álvarez Ríos, Rony Alexis Betancourt Hernández, Marco Antonio Servellón Garcia
and Diómedes Obed García and then he was sentenced to one- year-and two- months
imprisonment, to the accessory penalty of special disqualification for two times the
conviction term and to the loss of civil rights during the term of the conviction. Said
judgment was final by February 25, 2008; c) as to the proceeding initiated against Mario
Roberto Maldonado Ortega, the Trial Court on Criminal Matters in and for Tegucigalpa, by
means of a resolution issued within the legal term, released the accused for lack of evidence
and finally, dismissed the case. On May 28, 2007, the Office of the Public Prosecutor filed
an appeal, which was admitted without suspension of judgment and on June 8, 2007 said
case file was referred to the First Court on Appeals in order to try the case; up to May 19,
2008, date of the last State’s report, there were still no news regarding such case; and d) in
relation to the accused Roxana Sierra Ramírez, on December 4, 2007, the court issued a
commitment order for the crime of unlawful arrest to the detriment of the four victims of
the instant case and for the crimes of abuse of authority and concealment to the detriment
of the Government. The court ordered precautionary measures different from pre-trial
detention after having posted a bond for court costs and fees. Also, the court declared the
preliminary investigation to be exhausted and the case was referred to Full Trial, by means
of definitive resolution issued on February 6, 2008, and therefore the proceeding is now set
for trial (supra Having Seen clause 3).
7.
That in the observations to the State’s report of May 19, 2008, the representatives
mentioned that they positively value the issuance of the arrest warrants against the people
who are allegedly responsible for the facts related to this case. However, they considered
that the State omitted to point out the specific measures it has carried out in order to
enforce said arrest warrants. In addition, they mentioned that despite the steps taken
against Mario Roberto Maldonado Ortega, Roxana Sierra Ramirez and Jorge Alberto Alfaro
Martínez, those people are currently free and the proceedings initiated against them have
had little procedural activity. As a consequence, it does not spring from the information
submitted by the State that appropriate, prompt and effective measures have been adopted
in order to apprehend and, if applicable, punish the responsible for the death of the victims
(supra Having Seen clause 4).
8.
That in the observations submitted on July 9, 2008, the Commission pointed out that
it took note of the information furnished by the State and urged it to continue with the
investigation in order to inform in its next report on the progress made in each of the
proceedings, and especially, the measures adopted to enforce the arrest warrants (supra
Having Seen clause 5).
9.
That, based on the foregoing, the Court values the information submitted by the
parties regarding the steps taken by the State to investigate the alleged responsible for the
facts of the instant case. Furthermore, the Court deems it is vital that the State continues
submitting updated information on the measures carried out in order to identify, prosecute
and, if applicable, punish the perpetrators and planners of the violations committed against