31
differ in details or essential aspects and therefore are not worthy of credit.” [… I]n the
event that it is accepted that the packages [seized in the arrest] that appear as
evidence in the present trial were seized from the accused, it would not be possible to
determine if in effect they contained a prohibited substance, since we can not know
which of the two samples analyzed was actually taken from said packages [… and]
since, based on the assessment of the evidence included in the trial, we could not
derive the conclusion that the accused h[ad] participated in an act that constituted a
crime […], it is evident that what proceeds is to confirm the [acquittal].”64
54(42) In June 2003 the Office of the Public Prosecutor announced an appeal for
annulment against the decision of the Appellate Court of la Ceiba before the Supreme
Court of Justice of Honduras. On July 31, 2003 the Office of the Public Prosecutor
desisted from the appeal. On August 14, 2003 the Criminal Chamber of the Supreme
Court of Justice considered “the appeal for annulment dismissed due to announced
violation of the law” before the mentioned Appellate Court, and as definitive the
judgment issued on May 29, 2003.65
*
*
*
54(43) On March 22, 2001 Mr. Alfredo López Álvarez was transferred from the Criminal
Center of Tela to the National Penitentiary of Támara, in the city of Puerto Cortés, at
dawn. While he was sleeping he was woken up and driven half naked in the “back” of a
police pick up vehicle.66
54(44)This transfer prevented Mr. Alfredo López Álvarez from continuing with his tasks
of Vice-President of the Committee for the Defense of the Rights of Inmates (CODIN)
in the Criminal Center of Tela. Another four leaders of the CODIN were also
transferred, and each of them was sent to a different criminal center.67
64
Cf. manuscript note of the presentation of the motion of appeal by the prosecutor of the Office of
the Public Prosecutor, Mr. Jacobo Jesús Erazo, of January 20, 2003 (dossier of appendixes to the response to
the petition, volume II, folio 830); ruling of the Sectional Court of First Instance of January 23, 2003
(dossier of appendixes to the response to the petition, volume II, folio 832), and judgment on the appeal of
the Appellate Court of la Ceiba of May 29, 2003 (dossier of appendixes to the response to the petition,
volume II, folio 885 through 888).
65
Cf. evidence of the secretary of the Appellate Court of la Ceiba, Mrs. Auxiliadora de Cardinale, of
June 19, 2004 (dossier on merits and reparations and costs, volume V, folio 1151); brief of the prosecutor of
the Office of the Public Prosecutor, Mr. Joel Edgardo Serrano Carcamo, of July 31, 2003 (dossier on merits
and reparations and costs, volume V, folio 1157), and certification of the ruling of the Supreme Court of
Justice of the Republic of Honduras of August 19, 2003 (dossier on merits and reparations and costs, volume
V, folio 1195).
66
Cf. report of Mr. Nazir López Orellana, director of the Criminal Center of Tela, of March 20, 2001
addressed to Mrs. Lizeth Gómez Robleda, Sectional Judge of First Instance of Tela, Atlántida (dossier of
appendixes to the petition, volume I, folio 878); statement of Mr. Alfredo López-Álvarez offered in the public
hearing celebrated before the Inter-American Court on June 28, 2005, and statement of Mrs. Teresa Reyes
Reyes offered in the public hearing celebrated before the Inter-American Court on June 28, 2005.
67
Cf. communication forwarded by the Legal Advisor of the Project of Human Rights and Prison
Population of the CODEH, Mrs. Julia Gutiérrez, to the Special Prosecutor of Human Rights, Mrs. Aida Estela
Romero, on May 24, 2000 (sic) (dossier of appendixes to the petition, volume I, folios 883 and 884);
communication forwarded by the president of the Committee for the Defense of Human Rights in Honduras
(CODEH), Mr. Andrés Pavón Murillo, to the Secretary of Security, Mr. Gautama Fonseca Zúñiga on April 5,
2001 (dossier of appendixes to the brief of petitions and motions, appendix 36, folios 885 through 888), and
statement of Mr. Alfredo López-Álvarez offered in the public hearing celebrated before the Inter-American
Court on June 28, 2005.
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