Portillo Chacón; 173 (c) on March 24, 2011, requested the said court to hold a hearing to
receive witness statements under the pre-trial evidence protocol, in order to receive
Marcos Bonifacio Castillo’s statement, 174 as requested by the Ethnic Affairs
Prosecutor. 175 This hearing was scheduled for August 18, 2011; 176 however, the Court
has no information on whether it was held; (d) urgently required the Regional
Directorate of Forensic Medicine to appoint an expert to exhume the corpse of Félix
Ordóñez Suazo, as requested by the Ethnic Affairs Prosecutor, to perform an autopsy,
which had not been done at the time of his death. 177 However, on August 12, 2011,
the Prosecutor advised that he had not received any response in this regard. 178
147. Meanwhile, the Ethnic Affairs Prosecutor: (a) requested execution of the arrest
warrant on four occasions; 179 nevertheless, to date, this has not been executed; (b)
owing to the lack of response to his request for information, directly required the
Forensic Medicine Directorate to appoint a forensic expert to perform the exhumation
and autopsy of the corpse of Félix Ordóñez Suazo; 180 (c) asked the Trujillo Prosecutor,
at least four times, to provide information on execution of the procedures required in
the case, 181 and (d) requested the National Directorate of Criminal Investigation to
forward the photographic record of the accused on May 13, 2013, and September 16,
2014. These were the last actions taken in the case, according to the evidence on file
before the Court.
148. According to the State, the investigation into the death of Félix Ordóñez Suazo
is still underway, and both the exhumation and the execution of the arrest warrant are
pending at this time.
F.2 Complaint for the offenses of usurpation and threats to the detriment
of Pauline Mejia and the Punta Piedra Garifuna community
Cf. Arrest warrant issued by the Trujillo Trial Court of August 13, 2007 (evidence file, folio 1574).
Cf. Request from the Trujillo Prosecutor to the Trial Court to summon a witness to give pre-trial
evidence of March 24, 2011 (evidence file, folios 1592 to 1594).
175
Cf. Memorandum No. FEEPC-206-2011 of the Ethnic Affairs Prosecutor of March 2, 2011 (evidence
file, folio 1590). This request was answered by the Trujillo Prosecutor on March 28, 2011. Cf. Letter No.
CFLT-17-2011 addressed by the Trujillo Prosecutor to the Ethnic Affairs Prosecutor of March 28, 2011
(evidence file, folio 1588).
176
Cf. Letter from the Trujillo Prosecutor to the Ethnic Affairs Prosecutor of August 12, 2011 (evidence
file, folio 1596).
177
Cf. Memorandum No. FEEPC-206-2011 of the Special Ethnic Affairs Prosecutor of March 2, 2011
(evidence file, folio 1590).
178
Cf. Letter from the Trujillo Prosecutor to the Ethnic Affairs Prosecutor of August 12, 2011 (evidence
file, folio 1596).
179
Cf. Official letter No. FEEPC-371-2007 of the Special Ethnic Affairs Prosecutor of August 28, 2007;
Official letter No. FEEPC-110-09 of the Special Ethnic Affairs Prosecutor of February 25, 2009; Official letter
No. FEEPC-79-2010 of the Special Prosecutor for Ethnic Group of February 5, 2010, and Official letter No.
FEEPC-220-2013 of the Special Prosecutor for Ethnic Group of April 16, 2013 (evidence file, folios 1575,
1586, 1587 and 1611).
180
Cf. Official letter No. FEEPC-556-2011 of the Ethnic Affairs Prosecutor of August 19, 2011 (evidence
file, folio 1604).
181
Cf. Official letter No.. FEEPC-551-2011 of the Ethnic Affairs Prosecutor of August 10, 2011(evidence
file, folio 1595); Official letter No. FEEPC-226-2013 of the Ethnic Affairs Prosecutor of April 22, 2013
(evidence file, folio 1612); Memorandum No. FEEPC-136-2013 of the Ethnic Affairs Prosecutor of May 15,
2013 (evidence file, folio 1619), and Official letter No. FEEPC-OF-558-2014 of the Ethnic Affairs Prosecutor of
September 9, 2014 (evidence file, folio 1621). Only the first official letter was answered on August 12, 2011.
Cf. Letter from the Trujillo Prosecutor to the Ethnic Affairs Prosecutor of August 12, 2011 (evidence file, folio
1596).
173
174
44