murdered following a series of threats by Luis Portillo’s family, due to problems arising
from the fact that their lands were contiguous; it also established that Marcos Bonifacio
Castillo was the only witness to the murder that, according to the complainant, was
attributed to David Portillo Chacón, Luis Portillo’s son, both from Rio Miel. 163
144. On the same date, the Ethnic Affairs Prosecutor received a complaint against
Luis Portillo and David Portillo Chacón filed via email by OFRANEH for the crime of the
murder of Félix Ordóñez Suazo, which was registered as No. 7277-2007, and
forwarded to the Prosecution Service Director General the same day. 164 Finally, it was
assigned to the local Prosecutor of Trujillo, Colón. 165 The complaint was registered by
the Trujillo Prosecutor as No. 0273-2007 and by the General Directorate of Criminal
Investigation as No. TJC 310-07. 166
145. On June 26, 2007 the Ethnic Affairs Prosecutor issued an order requesting a
police investigation for the DGIC to conduct certain procedures, 167 which were
postponed due to lack of transportation. 168 Regarding the procedures ordered, in July
2007, the DGCI took four statements 169 and prepared reports in which it concluded
that a thorough inspection of the scene of the crime, and the localization and capture
of Luis and David Portillo Chacón remained pending. 170 Also, on July 16, 2007, the
Trujillo Prosecutor issued an order requiring the police investigation to be expanded, 171
principally to individualize David Portillo Chacón, to obtain the record of the corpse
removal prepared by the Iriona magistrate, to parcel up the cartridges cases that had
been collected maintaining the chain of custody, and to inspect the scene of the crime;
all within ten days. These procedures were not conducted.
146. Additionally, the Trujillo Prosecutor: (a) submitted to the Trujillo Trial Court
(hereinafter “the Trial Court”) a “request to file charges” against David Portillo Chacón
as alleged perpetrator of the crime of the murder of Félix Ordóñez Suazo under No.
057-2007; 172 (b) requested the issue of the corresponding arrest warrants and,
therefore, on August 13, 2007, the Trial Court issued an arrest warrant against David
Cf. 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).
164
Cf. Memorandum No. FEEPC-130-2007 of the Ethnic Affairs Prosecutor of June 13, 2007 (evidence
file, folio 1517).
165
Cf. Memorandum No. FLT-12-007 of the Trujillo Local Prosecutor of July 16, 2007 (evidence file,
folio 1558).
166
Cf. Memorandum of the Trujillo Local Prosecutor of July 16, 2007 (evidence file, folio 1570).
167
Including: identify the accused, their criminal records; take statements from witnesses and the
accused; collect evidence. Cf. Order requesting police investigation of complaint No. 7277 of June 13, 2007
(evidence file, folio 1551).
168
Cf. Memorandum No. FLT-03-007 of the Trujillo Local Prosecutor of June 26, 2007 (evidence file,
folios 1525 and 1526). The procedures were rescheduled after obtaining the Navy’s support.
169
Cf. Statements of Doroteo Thomas Rodriguez of July 3, 2007; Nieves Oswaldo Bonifacio Castillo of
July 3, 2007; Marcos Bonifacio Castillo of July 5, 2007, and Marcial Martinez Suazo of July 14, 2007
(evidence file, folios 1546 and 1547; 1538 to 1541; 1542 to 1545, and 1536 and 1537, respectively).
170
Cf. Report of July 5, 2007, and report of July 12, 2007, of the General Directorate of Criminal
Investigations (DGIC) (evidence file, folios 1552 to 1554 and 1528 and 1529, respectively).
171
Cf. Order requesting expansion of the police investigation issued by the Trujillo Public Prosecution
Service on July 16, 2007 (evidence file, folio 1569).
172
The case was registered by the Magistrates’ Court as No. 057-2007. Cf. Request to file formal
charges of July 26, 2007 (evidence file, folios 1555 to 1557). According to deputy inspector Celma E.
Trochez’s report to the DNIC, during the working visit to different Garifuna communities of the department
of Colon from February 8 to 12, 2010, it was reported that a copy of the warrant for the arrest of David
Portillo Chacón for the murder of Félix Ordóñez Suazo had been left in the Trujillo DNIC offices, because he
no longer lived at the address provided. Cf. Report to the National Directorate of Criminal Investigation of
February 16, 2007 (evidence file, folio 1617).
163
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