148.
In its precedents dealing with impunity, the Court has underscored the importance of
establishing logical lines of investigation based on the evidence gathered during the proceedings. 246
Moreover, the IACHR notes that in cases involving executions, the Court has ruled that:
In order to comply with the duty to investigate cases such as this, it is not sufficient to have
knowledge of the crime scene and material circumstances of the crime; rather it is essential
to analyze the information concerning the power structures that permitted, planned and
executed it, both intellectually and directly, and concerning the individuals or groups that
were interested in or would benefit from the crime (beneficiaries). This, in turn, would lead
to theories and lines of inquiry and to an examination of the crime scene, witnesses and
other probative elements. Hence, in cases such as this, it is not a question of examining the
crime in isolation, but rather of inserting it in a context that will provide the necessary
elements to understand its operational structure. 247
149.
The Commission notes that as of the first statements given during the judicial proceedings,
different witnesses gave the names of persons who had threatened, persecuted, and intimidated Carlos
Escaleras Mejía in the weeks before his death. In addition, information was obtained about people who had
participated in his murder, some of whom were state agents.
150.
Thus, the IACHR notes that according to the testimony received, Mr. Escaleras had been both
threatened and offered money at the orders of Congressman Salomón Martínez to withdraw his candidacy in
the Tocoa mayoral election. The Commission also notes that during the proceedings, an officer of the DGIC
identified Congressman Salomón Martínez as a suspected mastermind behind the death of Carlos Escaleras.
During the proceedings reference was also made to the ties between both individuals and another suspected
mastermind: Miguel Facussé, who wanted Mr. Escaleras dead because his environmental advocacy had
prevented the construction of a processing plant on the Tocoa River (see paras. 57-60 below). Similarly, the
established facts indicate that the perpetrator who was convicted told the authorities in charge of the
investigation that both Congressman Martínez and Congressman Juan Ramón Salgado paid a group of
individuals to have Carlos Escaleras killed.
151.
The case record also indicates that some weeks before his death, Mr. Escaleras had received
threats from Col. Aldo Augusto Aldana, the commanding officer of the 15th Infantry Battalion, due to his
constant efforts to prevent the establishment of a military base in a river basin.
152.
In connection with the congressmen Salomón Martínez and Juan Ramón Salgado, the IACHR
notes that although they were named as being the masterminds, the State did not pursue the minimum
investigative formalities to follow up on this basic information regarding the possible motive for the murder
or to determine their possible responsibility in Carlos Escaleras’s death. The Commission notes that,
according to the information furnished by the parties, those individuals are no longer under investigation.
153.
The Commission also observes that during the proceedings, neither were those individuals
summoned to give statements. A statement from the DGIC officer who incriminated Congressman Salomón
Martínez was requested, but it was never taken. In addition, the IACHR holds that one piece of evidence of
relevance in determining his possible involvement with the crime was the check allegedly received by
Congressman Salomón Martínez in order to proceed to pay for the killing of Carlos Escaleras. The trial judge
failed to properly assess the importance of that document because he believed it to be a forgery. The
Commission notes that the judge dismissed it as a forgery but did not order expert testing or other
procedures to determine its authenticity or otherwise, in spite of which he still dismissed it.
246
I/A Court H. R., Case of Gonzalez Medina and family v. Dominican Republic, Preliminary Objections, Merits, Reparations, and
Costs, Judgment of February 27, 2012, Series C No. 240, para. 115.
247
I/A Court H. R., Case of Uzcátegui and et al. v. Venezuela, Merits and Reparations, Judgment of September 3, 2012, Series C No.
249, para. 225.
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