3
7.
On March 8, 2002, during the 114th Regular Meeting of the Inter-American
Commission, a hearing was held with the presence of the State and members of the
OFRANEH, in which the testimonies of two witnesses offered by the petitioner were
heard.
8.
On March 4, 2003, during the 117th Regular Meeting of the Commission, the
latter approved Report of Merits No. 18/03, pursuant to Article 50 of the Convention, in
which it recommended that the State:
1.
Order the immediate release of Mr. Alfredo López Álvarez.
2.
Adopt the necessary measures so that a definitive judgment was issued in the
trial followed against Mr. López Álvarez, with strict submission to the human rights
enshrined in the Convention.
3.
Investigate the irregularities set forth in the present report with regard to the
arrest and subsequent processing of Alfredo López Álvarez.
4.
Reform the domestic law that violates the human rights enshrined in the American
Convention, especially those norms that limit or restrict the right to release the defendants
on bail.
5.
Repair the victim for the consequences of the violations to the human rights
mentioned.
6.
Adopt the measures necessary to avoid that similar acts occur in the future,
pursuant to the duty to prevent and guarantee the fundamental issues acknowledged in
the American Convention.
9.
On March 7, 2003 the Commission transmitted Report of Merits No. 18/03 to
the State and granted it a two-month period to inform on the measures it would adopt
in order to comply with the recommendations made. On that same day the
Commission informed the petitioner of the approval of the mentioned report and
requested that it present, within a one-month period, its position regarding the
assertion of the case before the Court.
10.
On April 10, 2003 the OFRANEH requested that the Commission submit the
case before the Court, in the event that the State did not comply with the
recommendations made in its report.
11.
On July 7, 2003 the State, after two extensions, forwarded its response to the
Commission regarding the recommendations of Report of Merits No. 18/03, in which it
stated, inter alia, that: a) Mr. López Álvarez was still imprisoned and an appeal for
annulment presented against the judgment that confirmed his acquittal was pending;
b) in virtue of the norms of domestic law it was impossible to grant immediate liberty
to Mr. López Álvarez; c) it would request the Supreme Court of Justice of Honduras the
prompt ruling of the case; d) the change from a conviction to an acquittal was due,
according to the prosecution, to the fact that someone had manipulated the evidence
in the court substituting the cocaine confiscated from the defendant for another
substance; e) the alleged irregularities mentioned in the report of merits with regard to
the arrest and the processing of Mr. López Álvarez were investigated and the
substitution of the cocaine confiscated was being investigated; f) the criminal
procedural legislation was reformed in the year 2002, in what refers to domestic law
that limits or restricts the right to release the defendants on bail; g) the reparation of
the consequences of the alleged violations to human rights will be deducted once the
process is concluded, and h) the declaration of the inadmissibility of the case proceeds.
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