and that of the victim, obtaining maps and ownership documents from the parties in
dispute, and inspecting the site.
289.
The Court considers that the filing of a criminal complaint requires the entity
conducting the investigation to take all those actions and make all those inquiries that
are required to achieve the result sought within a reasonable time. 310 However, the
Court understands that even though, based on the information collected during the
initial actions, the entity in charge of the investigation could decide not to continue the
investigation if it found this to be appropriate, it is essential that it execute the
minimum procedures that will allow it to have sufficient information concerning the
presumed perpetration of an offense. According to the evidence in the case file, the
Court has verified that, in the instant case, the property titles issued to the Punta
Piedra community were obtained, but no other procedure was conducted by the
corresponding authorities to gather minimum information about what happened.
290. Accordingly, the Court notes that the State did not take any relevant measure
to clarify the facts and punish those responsible. Therefore, 11 years after the
usurpation complaint was filed, the State has not ruled on it, in violation of the
principles of due diligence and reasonable time. Also, even though Félix Ordóñez Suazo
died in June 2007, the Court has no additional and updated information regarding the
status of the land usurpation complaint following his death 311 and notes that this
complaint was not joined to the investigations conducted as a result of his death.
B.2.1.2 Investigations and criminal proceedings in relation to the
death of Félix Ordóñez Suazo
291. The Court has established that Félix Ordóñez Suazo died on June 11, 2007,
between 7.30 and 11.00 a.m., as a result of three bullets wounds (supra para. 137).
According to statements by the only witness to the crime, the presumed perpetrator was
David Portillo Chacón, the son of Luis Portillo – Félix Ordóñez Suazo having accused the
latter of land usurpation in 2003 (supra paras. 133, 138 and 139). The Court notes that,
as a result of this, two complaints were filed and an investigation and criminal
proceedings were initiated to clarify the facts and punish those responsible; however,
this is still at the investigation stage. Consequently, based on the arguments of the
Commission and the parties, the Court will analyze: (a) the presumed omissions in the
initial investigation procedures, and (b) the presumed irregularities in the criminal
proceedings and the reasonable time.
292. Regarding the initial procedures, the Court has established that, in the context of
the obligation to investigate a death, a real determination to discover the truth with
due diligence should be demonstrated as of the initial procedures. 312 Also, regarding
Cf.. Case of the Serrano Cruz Sisters, supra, para 65 and 83, and Case of Espinoza Gonzáles,
supra, para. 238 and 290.
311
It is on record that on September 10, 2014, during the investigation into his death, the Trujillo
Prosecutor received an official letter from the Ethnic Affairs Prosecutor requesting information on the
progress and actual status of the land usurpation complaint. The Court’s case file does not reveal that he
received any response to this request.
312
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objections, merits, reparations and
costs. Judgment of June 7, 2003. Series C No.99. para. 127, and Case of the Human Rights Defender et al.,
supra, para 204. In this regard, the Court has established the guidelines that must be observed in an
investigation into a violent death. The State authorities who conduct an investigation of this type must, at
least, inter alia: (i) identify the victim; (ii) recover and preserve evidentiary material related to the death to
aid in any possible criminal investigation of those responsible; (iii) identify possible witnesses and obtain
310
82