33
79(42) On August 6, 1996 Mr. Manases Betancourth Núñez asked the Judge to issue
an arrest warrant against Messrs. Lieutenant Colonel David Abraham Mendoza; the
Captains Miguel Angel Villatoro Aguilar, Egberto Arias Aguilar, Rodolfo Pagoada
Medina, and Juan Ramón Avila Meza; Lieutenants Marco Tulio Regalado [Hernández],
José Francisco Valencia Velásquez, and Edilberto Brizuela Reyes; Second Lieutenants
José Alberto Alfaro Martínez, Leonel Matute Chavez, Orlando Mejía Murcía, José
Reinaldo Servellón Castillo, and Osvaldo López Flores; the agents Núñez, Palacios,
Cano, Laínez, Hugo Antonio Vivas, and Francisco Morales Suazo, and the Police
Judge Roxana Sierra Ramírez, since from the preliminary proceedings presented, the
persons mentioned resulted involved in the commission of the crimes denounced, in
detriment of the minor Rony Alexis Betancourth Vásquez, besides “having gathered
on record enough evidence verified through Expert Opinions and Doctors and issued
by the Office of Criminal Investigation and Forensic Medicine […] to produce
sufficient evidence of their guilt.36”
79(43) On the same August 6, 1996 the Court denied the request for an arrest
warrant since there were not enough grounds to issue a commitment order. The
representatives of Mr. Manases Betancourth Núñez appealed said decision, and on
January 21, 1997 the First Appeals Court denied the appeal presented and confirmed
the decision appealed.37
79(44) From March 1996 to February 2005 both the Public Prosecutors’ Office and
the legal authorities focused the preliminary proceedings mainly on five requests: a)
inspect the installations of the Seventh Regional Command (CORE VII) in order to
verify in the Registration Book of detainees the day and entry time and alleged exit
of the victims; b) verify the complete name, assignment and degree of the accused
in the sheet of police services for the month of September 1995, especially Marco
Tulio Regalado Hernández; c) determine from the inventory of weapons if they were
seized and not returned by the Police, the permits to carry weapons in force in that
dependency and if the suspects possessed personal weapons assigned in 1995; d)
request the expert reports that include the result of the bullets found in the victims’
bodies from the Ballistics Laboratory of the Public Prosecutors’ Office and e) seek the
expansion of the testimony of Mrs. Liliana Ortega Alvarado. At the beginning of the
year 2005, more than nine years after the facts occurred, the criminal process was
still in its preliminary stages.
79(45) On May 16, 2002 the Supreme Court of Honduras requested ad efectum
videndi that the Court forward the cause presented for the crime of murder in
detriment of Marco Antonio Servellón García et al., in attention to the request of the
36
Cfr. complaint of the attorney Henriech Rommel Pineda Platteros, legal proxy of Mr. Manases
Betancourt Núñez, presented before the First Criminal Court of First Instance, on August 6, 1995 (dossier
of appendixes to the petition, appendix 4, volume I, folios 1210 and 1211).
37
Cfr. ruling issued by the First Criminal Court of First Instance, on August 6, 1996 (dossier of
appendixes to the petition, appendix 4, volume I, folio 1212); complaint of the attorney Mercedes Suyapa
Vasquez Coello presented before the First Criminal Court of First Instance requesting reconsideration and
appeal in subsidy, of August 13, 1996 (dossier of appendixes to the petition, appendix 4, volume I, folios
1215 and 1216); and decision issued by the First Appellate Court, Tegucigalpa, Municipality of the Central
District, of January 21, 1997 (dossier of appendixes to the petition, appendix 4, volume I, folios 1223
through 1226).