25
54(19) On April 30, 1997 Mr. José Mario Salgado Montalbán, prosecutor of the Office of
Public Prosecutors of Honduras, presented before the Sectional Judge of First Instance
of Tela an accusation against Messrs. Alfredo López Álvarez, Luis Ángel Acosta Vargas,
and Sunny Loreto Cubas “considering them responsible of the crimes of ‘POSSESSION,
SALE, AND TRAFFICKING OF COCAINE’, in detriment OF THE PUBLIC HEALTH OF THE
POPULATION OF THE STATE OF HONDURAS.”40
54(20) On May 2, 1997 the Sectional Court of First Instance of Tela issued a
commitment order against Messrs. Luis Ángel Acosta Vargas, Alfredo López Álvarez,
and Sunny Loreto Cubas, “for the crime of POSSESSION AND ILLEGAL TRAFFICKING
OF NARCOTICS, in detriment of the public health of the State of Honduras [; f]act that
was verified on Sunday [April 27, 1997, approximately at] two [or] three in the
afternoon, in front of the Puerto Rico Hotel of [the city of Tela].” Said order determined
the preventive detention of the accused based on the elements of evidence supplied by
the officers of the Office of Criminal Investigation in an official letter of April 28, 1997.
On that opportunity, Mr. Alfredo López Álvarez was not allowed to offer bail in order to
be released on conditional freedom. The alleged victim was notified of the commitment
order, but he refused to sign it. Mr. López Álvarez remained detained in the Criminal
Center of Tela.41
54(21) According to the set of rules in force in Honduras at the time of the facts, the
judicial detention to inquire could not exceed six days as of the date in which it
occurred. In the present case, on April 29, 1997 the judicial detention of the alleged
victim was declared and “the term to inquire” was opened. The order of preventive
detention was issued on May 2, 1997 (supra paras. 54(16) and 54(20)).42
54(22) “In attention to the official letter of May 2, 1997 of the Sectional Court of First
Instance of Tela,” the Office of the Public Prosecutor made the analysis of “a sample
[of the evidence seized from] the defendants Luis Ángel Acosta, [Sunny] Loreto, and
Alfredo López Álvarez” (supra paras. 54(11), 54(15) and 54(16)) and on May 14, 1997
the previously mentioned department passed the following report:
A) Net weight of the sample: 1.8 grams[; r]esult: positive for cannabinoids[; c]onclusion:
according to the amount seized the evidence is considered for immediate personal
consumption.
response to the petition, volume II, folio 845), and official letter of the Sectional Court of First Instance of
Tela apparently of May 2, 1997 (dossier of appendixes to the response to the petition, volume I, folio 950).
40
Cf. accusation presented by the prosecutor of the Office of the Public Prosecutor, Mr. José Mario
Salgado Montalbán, before the Sectional Judge of First Instance of Tela against Messrs. Alfredo LópezÁlvarez, Luis Ángel Acosta, and Sunny Loreto Cubas on April 30, 1997 (dossier of appendixes to the
response to the petition, volume I, folio 126).
41
Cf. commitment order issued by the Sectional Court of First Instance of Tela on May 2, 1997
(dossier of appendixes to the response to the petition, volume I, folio 137), and statement of Mr. Alfredo
López-Álvarez offered in the public hearing held before the Inter-American Court.
42
Cf. Article 71 of the Political Constitution of Honduras, Decree No. 131, of January 11, 1982 (dossier
of evidence to facilitate adjudication of the case of the representatives, appendix A, folio 1615); Article 117
of the Code of Criminal Procedures, Decree number 189-1984 (dossier of evidence to facilitate adjudication
of the case of the representatives, appendix C, folio 1941); court order to initiate preliminary proceedings
issued by the Sectional Court of First Instance of Tela on April 29, 1997 (dossier of appendixes to the
response to the petition, volume I, folio 111), and commitment order issued by the Sectional Court of First
Instance of Tela on May 2, 1997 (dossier of appendixes to the response to the petition, volume I, folio 137).
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