Mr. Carlos Escaleras’s murder because their weapons had been discharged.”92 Other police officer said that “according to intelligence reports (…) two of them had purportedly killed [Mr. Escaleras].”93 78. Between October 20 and 22, 1997, the four men gave statements in which they indicated they were unaware of the incident involving Mr. Escaleras Mejía. 94 79. On October 28, 1997, the First-Instance Court of Tocoa ordered the incarceration of José Iraheta Pineda and Roberto Iraheta Pineda for the crime of murdering Mr. Escaleras Mejía after they were allegedly identified as the people who had been at Lubricentro Escaleras on the day of Mr. Escaleras’s death.95 The attorney of the two requested that the identity parade be annulled on the grounds that the media had shown their faces before it was carried out.96 He added that there were also inconsistencies between the witness statements and the physical appearances described. 97 80. On November 13, 1997, the court conducted a judicial inspection at the premises of Lubricentro Escaleras.98 It recorded that “the spent cartridges had already been collected by the prosecutor and police” and that “there were no blood stains because of the intervening rains.”99 81. On November 21, 1997, the court ordered that the proceedings be kept secret for the space of one month in order to “protect the interests of justice and the security of the witnesses,” chiefly Narciso Castro and his wife Lilian Rosales.100 In addition, it ordered the Regional Police Commander to arrest Oscar Sosa on account of his possible participation as the mastermind behind the death of Carlos Escaleras.101 82. On January 20, 1998, the court ordered the annulment of the incarceration order issued against José Iraheta Pineda and Roberto Iraheta Pineda for the crime of Carlos Escaleras’s homicide.102 The court explained that it had reached that conclusion on the grounds that: (i) several witnesses stated that the two were in the community of Ilan at the time of Mr. Escaleras’ death; (ii) the witnesses Joaquín Benítez and Blanca Escobar contradicted themselves in their physical descriptions of the persons they identified; and (iii) other people had been accused of participating in the crime. 103 83. On March 4, 1998, Mr. Oscar Sosa gave his statement to the investigation. 104 Mr. Sosa denied any involvement in the killing of Carlos Escaleras, whom he knew “vaguely.”105 He stated that he had no kind 92 Annex 30. Statement of Johnny Banegas, dated October 24, 1997, judicial case file, p. 27, annexed to the initial petition of January 14, 2002. 93 Annex 29. Statement of Ramón Amaya, undated, judicial case file, p. 24, annexed to the initial petition of January 14, 2002. Annex 31. Statements of José Iraheta Pineda, Roberto Iraheta Pineda, Rigoberto Iraheta Hernández, and Marvin Zavala Pacheco, dated between October 20 and 22, 1997, judicial case file, pp. 4-11, annexed to the initial petition of January 14, 2002. 94 95 Annex 32. Court document, dated October 28, 1997, judicial case file, p. 48, annexed to the initial petition of January 14, 2002. 96 Annex 33. Document dated November 12, 1997, judicial case file, p. 72, annexed to the initial petition of January 14, 2002. 97 Annex 33. Document dated November 12, 1997, judicial case file, p. 72, annexed to the initial petition of January 14, 2002. 98 Annex 34. Court inspection record, dated November 13, 1997, judicial case file, p. 71, annexed to the initial petition of January 14, 2002. 99 14, 2002. 100 Annex 34. Court inspection record, dated November 13, 1997, judicial case file, p. 71, annexed to the initial petition of January Annex 35. Court document, dated November 21, 1997, judicial case file, p. 84, annexed to the initial petition of January 14, 2002. 101 2002. Annex 35. Court document, dated November 21, 1997, judicial case file, p. 84, annexed to the initial petition of January 14, 102 Annex 36. Court document, dated January 20, 1998, judicial case file, p. 109, annexed to the initial petition of January 14, 2002. 103 Annex 36. Court document, dated January 20, 1998, judicial case file, p. 109, annexed to the initial petition of January 14, 2002. Annex 37. Statement of Oscar Sosa Vargas, dated March 4, 1998, judicial case file, pp. 124-125, annexed to the initial petition of January 14, 2002. 104 15

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