notice of its ruling “by means of a deed posted on the office’s notice board.”211 The court accepted that request
the following day.212
124.
On April 20, 2009, the First-Instance Court of Tocoa ordered the incarceration of Leodán
Machado Fernández in his capacity as the suspected perpetrator of Carlos Escaleras Mejía’s homicide.213 On
August 28, 2009, the prosecution served filed formal charges against Leodán Machado Fernández for the
crime of murder.214
125.
On August 24, 2011, the First-Instance Court of Tocoa issued judgment and sentenced
Leodán Machado Fernández to twelve years in prison as an accomplice in the crime of murder against Mr.
Carlos Escaleras Mejía.215 The court found that the “the extensive investigation and evidence shown”
established that Leodán Machado Fernández was an accomplice to the people who carried out the murder of
Mr. Escaleras.216
126.
The court stated that a witness brought forward by the Public Prosecution Service stated
that on October 18, 1997, the date of Carlos Escaleras’s murder, Mr. Machado was at Mr. Escaleras’s place of
business and “even bought some sodas.”217 In addition, it noted that Marta Alvarenga said that Mr. Machado
was at the scene of the incident “but that she did not see him fire.”218
127.
The court concluded that the witnesses “have indicated (…) that the accused did not fire but
was with those who did fire.”219 It therefore ruled that “in spite of having been prosecuted as the physical
perpetrator of the crime of murder, the evidence and circumstances of the proceedings indicate a different
participation, albeit still punishable, as an accomplice in a criminal act.”220
128.
The Commission has no information about any subsequent domestic proceedings.
B.
Law
129.
In light of the nature of the case and the interrelations between the State’s actions in the
domestic proceedings and the analysis of any responsibility due to the State, the Commission will conduct it
analysis of law, first, with respect to the investigation and domestic proceedings in accordance with the
American Convention. Second, the Commission will rule on whether Mr. Escaleras Mejía’s death can in and of
211
Annex 96. Defense attorney’s submission, dated October, 14, 2003, Annex 1 to the petitioners’ communication of April 24,
2004.
212
Annex 97. Court document, dated October 15, 2003, Annex 1 to the petitioners’ communication of April 24, 2004.
Annex 98. Final judgment of the First-Instance Court of Tocoa, dated August 24, 2011, annexed to the State’s submission of
September 9, 2011.
213
214
Annex 98. Final judgment of the First-Instance Court of Tocoa, dated August 24, 2011, annexed to the State’s submission of
September 9, 2011.
215
Annex 98. Final judgment of the First-Instance Court of Tocoa, dated August 24, 2011, annexed to the State’s submission of
September 9, 2011.
216
Annex 98. Final judgment of the First-Instance Court of Tocoa, dated August 24, 2011, annexed to the State’s submission of
September 9, 2011.
217
Annex 98. Final judgment of the First-Instance Court of Tocoa, dated August 24, 2011, annexed to the State’s submission of
September 9, 2011.
218
Annex 98. Final judgment of the First-Instance Court of Tocoa, dated August 24, 2011, annexed to the State’s submission of
September 9, 2011.
219
Annex 98. Final judgment of the First-Instance Court of Tocoa, dated August 24, 2011, annexed to the State’s submission of
September 9, 2011.
220
Annex 98. Final judgment of the First-Instance Court of Tocoa, dated August 24, 2011, annexed to the State’s submission of
September 9, 2011.
25