7 * * * 18. That regarding Gregoria Flores-Martínez, taking into consideration that she left Honduras, on several occasions, the State has pointed out that if she were to return, it is willing to afford her security services specialized in the protection of dignitaries and, additionally, to patrol the area in which she were to live. As to the investigation into the alleged injuries suffered by Gregoria Flores-Martínez on May 30, 2005 as a result of the shots allegedly fired at her, the State informed that as such injuries were minor and, together with the pecuniary damage caused by such facts, they were punishable with penalties lower than five years’ imprisonment, the Office of the Public Prosecutor exercised its discretionary power to dispense with criminal proceedings on said grounds. Notwithstanding, as Ms. Flores-Martínez refused to sign the related record, the case file was not closed. As a result of the request filed by Ms. Flores-Martínez so that those responsible for such facts be punished, the detention of the accused was ordered, which could not be accomplished, as he was not located. The State has informed on several occasions that since then he has been a fugitive from justice and that an arrest warrant has been issued against him. Furthermore, it has informed that the local head of the city of Tela, Atlántica Department, Chief of Police Omar Matamoros-Ávila, visited the beneficiaries on several occasions and gave them several telephone numbers to which they could call whenever they deemed so necessary. Later, the State also informed that, though the perpetrator of the injuries suffered by Ms. Flores-Martínez has not as yet been arrested, the Criminal Investigation General Office has made its best efforts to apprehend him. Furthermore, the Special Prosecutor’s Office for Human Rights [Fiscalía Especial de Derechos Humanos] has requested the intervention of the National Security Department [Secretaría de Estado en Despacho de Seguridad] in order to apprehend the suspect. 19. That regarding the State’s offer to afford personal security to Gregoria FloresMartínez, the representatives reiterated that said measure would be inadequate if not accompanied by other measures which guarantee the apprehension, trial, and punishment of those responsible for the attack against Ms. Flores-Martínez. Regarding the investigation into such attack, they added that the perpetrator of the injuries suffered by Ms. Flores-Martínez was at large as a result of the application by the Office of the Public Prosecutor of its discretionary power not to institute criminal proceedings, which was negotiated by the Public Prosecutor without the consent of the injured party, and that though she had filed a new complaint, no information had been provided about the investigation. The representatives further pointed out that the State had not informed about the steps taken to apprehend the accused. By means of their brief of January 14, 2009, the representatives informed that Ms. Flores-Martínez pointed out that “she is still afraid of returning, as her aggressor is still fugitive, which is why she will continue living abroad until she considers that safety conditions for her return have been brought about.” 20. As to the obligation of the State to secure the necessary conditions so that Gregoria Flores-Martínez may return safely to Honduras, the Commission pointed out that the State had offer to bring about such conditions; notwithstanding, it stressed that the perpetrator of the attack against Ms. Flores-Martínez was still fugitive and that his apprehension was a prerequisite for her safety.