26 Prosecutor in Tela took statements from the municipal authorities involved in the illegal sales and from 96 members of the Community between February 15 and April 18, 1995. 113. On June 11, 1996, the Office of the Attorney General, through the Office of the Prosecutor for Ethnic Groups, instigated criminal proceedings under public law before the Sectional Court of First Instance in Tela charging the former Municipal Mayor of Tela, Orlando Díaz Madrid, nine municipal councilors during his time in office, and José Manuel Flores Arguelles, the then current Municipal Mayor of Tela, and 11 councilors in his period, with the crimes of misuse of authority, fraud, and 97 aggravated fraud. According to those charges, the crimes had been committed to the detriment of the “Public Administration, the Community of Triunfo de la Cruz, and private individuals,” because they had involved issuing and implementing resolutions contrary to the laws in force, giving full ownership to 98 private persons of land in the possession of the Community.” 99 114. At the request of the Prosecutor for Ethnic Groups, filed on October 10, 1996, the Sectional Court of First Instance in Tela sent the Coordinator of the Criminal Investigation Bureau a note 100 on October 15, 1996, ordering the arrest of the accused. On October 16 and 17, 1996, the Sectional Court of First Instance in Tela issued incarceration orders against the accused solely for the crime of 101 misuse of authority to the detriment of the Community. 115. The Office of the Attorney General filed an appeal, dated October 30, 1996, against the incarceration orders issued by the aforementioned Court, requesting the arrest of the persons accused of 102 “continuous crimes of misuse of authority, fraud, aggravated fraud, and forgery of public documents.” For their part, the accused filed a motion for appeal on the grounds that they considered that there was 103 no circumstantial evidence of the commission of crime, “not even the crime of misusing authority.” 116. On March 3, 1997, the Court of Appeals in La Ceiba resolved not to admit the appeal filed by the Office of the Attorney General and revoked the incarceration orders issued against those 96 In particular, statements contained in the file made to the ChiefProsecutor in the Office of the Attorney General on the following dates and by the following people: - (i) Francisco Bernardez Estrada, President of the Management Board of the Triunfo de la Cruz Community in 1993, February 15, 1995; (ii) Margarito Rafael Colon Bermúdez, municipal councilman, February 15, 1995; (iii) Jorge Romero Romero, in his legal capacity as Acting Mayor chairing meetings n the absence of the mayor, April 18, 1995; (iv) Ambrosio Martínez, President of the Management Board of Triunfo de la Cruz between 1990 and 1992, February 22, 1995; (v) Jesús Álvarez Roche, Deputy Mayor of the Community of Triunfo de la Cruz, March 6, 1995; (vi) Orlando Díaz Madrid, Mayor of Tela, March 15, 1995; (vii) José Manuel Flores Arguelles, Mayor of Tela, April 6, 1995; y (viii) Arístides Najar Cruz, Head of the Municipal Land Registry Department in the Municipal Mayor's office in Tela, April 18, 1995. Annex 4. Statements taken by the Principal Prosecutor in Tela. Annex 19 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 97 Annex 26. Criminal charges filed by the Public Prosecutor’s Office for Ethnic Groups on June 11, 1996. Annex 25 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 98 Annex 26. Criminal charges filed by the Public Prosecutor’s Office for Ethnic Groups on June 11, 1996. Annex 25 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 99 Annex 27. Request for the issuance of arrest warrants by the Prosecutor in the Office of the Attorney General to the Sectional Court of First Instance in Tela dated October 10, 1996. Annex 30 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 100 Annex 28. Communication between the Sectional Court of First Instance and the Coordinator of the Criminal Investigation Bureau dated October 15, 1996. Annex 32 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 101 Annex 29. Motion for appeal against the incarceration order filed by the Office of the Attorney General on October 30, 1996. Annex 33 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 102 Annex 29. Motion for appeal against the incarceration order filed by the Office of the Attorney General on October 30, 1996. Annex 33 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. According to the judgment ruling on the motion for appeal, representatives of MACERICA S. DE R. L also filed a motion for appeal as they considered that charges of misuse of authority, breach of officials' duties and fraud" should also be brought. Annex 30. Sentence by the Court of Appeals of La Ceiba of March 3, 1997. Annex 34 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 103 Annex 30. Sentence by the Court of Appeals of La Ceiba of March 3, 1997. Annex 34 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.