Marcos Bonifacio Castillo […] who had received death threats owing to the crime.” 155
The request was registered as No. MC-109-07. On August 20, 2007, the Commission
adopted such measures and ordered the State to take the necessary steps to ensure
the life and physical integrity of Marcos Bonifacio Castillo and to report on the actions
taken to clarify the facts that warranted the adoption of those measures: namely, the
murder of Félix Ordóñez Suazo and the death threats presumably received by Marcos
Bonifacio Castillo. 156
F.1.3 Preliminary investigation and criminal proceedings for the
death of Félix Ordóñez Suazo
141. On June 11, 2007, at around 3.30 p.m., the magistrate of the municipality of
Iriona, department of Colon, went to the area of “El Castillo” in the jurisdiction of
Punta Piedra where the incident occurred to carry out the removal of the corpse, which
was identified by witnesses and family members as the body of Félix Ordóñez
Suazo. 157 According to the record of the removal of the corpse, when the magistrate
arrived at the area where the incident occurred, he noted the presence of agents from
the Iriona municipal police headquarters; moreover, due to the difficulty of access and
the delay, Félix Ordóñez Suazo’s body had been moved by the community’s
inhabitants. When the authorities arrived, they examined the body and cordoned off an
area of approximately two meters. 158
142. Neither the prosecutor from the Public Prosecution Service, nor the medical
examiner, were present at the procedure to remove the corpse and, in their absence,
the magistrate recorded: (a) the existence of gunshot injuries: “a shot to the right
side, a shot to the chest with an exit wound, and a shot […] in the right ear” (at
around 4.30 p.m., authorization was given to return Félix Ordóñez Suazo’s body to his
relatives, 159 without conducting an autopsy), and (b) the existence of two 16 mm
caliber cartridges cases 160 found by an assistant at the scene of the crime, which were
handed over to the Magistrates’ Court. 161 The Court has no information of any
appraisal or other procedure performed on the evidence collected.
143. On June 13, 2007, Marcial Martínez Suazo, Félix Ordóñez Suazo’s brother, filed
an “administrative complaint” for the “violent” death of his brother, in an area that was
in dispute with the Rio Miel community, “owing to the land dispute between the two
communities.” 162 According to the complaint, Félix Ordóñez Suazo had allegedly been
155
Cf. Request for precautionary measures presented by OFRANEH on June 15, 2007 (evidence file,
folio 1578).
156
Cf. IACHR, Decision to adopt precautionary measures in favor of Marcos Bonifacio Castillo of August
20, 2007 (evidence file, folios 1576 and 1577). The State indicated that it had determined “that the
aggrieved party had not filed a complaint, and an ex-officio investigation could not be conducted [into the
threats against Marcos Bonifacio Castillo] because it was an offense that could be prosecuted by the Public
Prosecution Service at the victim’s request.” Cf. Official letter No. FGR/LR-542-07 from the Prosecutor
General to the Assistant Attorney General of August 31, 2007 (evidence file, folio 1582).
157
Cf. Record of corpse removal of June 11, 2007 (evidence file, folios 1564 and 1565).
158
Cf. Record of corpse removal of June 11, 2007 (evidence file, folios 1564 to 1566).
159
Cf. Record of corpse removal of June 11, 2007 (evidence file, folio 1566).
160
According to the statement of Nieves Oswaldo Bonifacio Castillo, after her brother, Marcos Bonifacio
Castillo, had informed her about what had happened, she went to the scene of the crime, where three rifle
shell cases were found. Cf. Statements of Nieves Oswaldo Bonifacio Castillo of July 3, 2007, and of Marcos
Bonifacio Castillo of July 5, 2007 (evidence file, folios 1537, 1539 and 1545, respectively).
161
Cf. Record of corpse removal of June 11, 2007 (evidence file, folio 1566).
162
Complaint concerning the death of Félix Ordóñez Suazo filed by Marcial Martínez Suazo before the
Magistrates’ Court on June 13, 2007 (evidence file, folio 1549).
42