179. This Court has noted that in the separate investigation against Jorge Chávez, a
judgment was handed down on September 10, 2004, absolving him of all charges. 276 On
April 25, 2005, the Third Court of Appeals revoked this judgment and sentenced Mr. Chávez
to 17 years’ imprisonment for the murder of Mr. Luna López and the punishment of seven
years and two months for the crime of attempted murder against Mrs. Silvia Gonzales. 277
Subsequently, on June 16, 2006, the Criminal Chamber of the Supreme Court unanimously
upheld the appeal in favor of Jorge Chávez, absolving him of all charges,278 concluding that:
“the evidence provided to demonstrate the guilt of the accused [was] not sufficient to
undermine his constitutionally guaranteed innocence. This evidence [was] sufficient to
issue a remand order where probability, not certainty, was required, but it is not
sufficient to hand down a conviction, since this requires certainty beyond a reasonable
doubt of the defendant’s involvement in the crime. If doubt prevails, it should be
interpreted to his benefit, for which it is appropriate to rule on an acquittal in his
favor.”
180. With respect to the acquittal ruling, neither the Commission nor the representatives
alleged the existence of evident irregularities, serious defects or fraudulent res judicata.279
181. As to the accused José Ángel Rosa, on March 26, 2007, a final acquittal was ruled in
his favor.280 This decision was overturned by the Third Court of Appeals on November 1,
2007, and a new remand order was issued given the existence of evidence against him in
this case.281 On September 23, 2008, an appeal against that decision was dismissed. On
July 30, 2008, the Catacamas Civil Court was asked to issue a final acquittal in the case
against José Ángel Rosa, given that he was murdered in front of his house on Monday, June
30, 2008. For this reason, the Court confirms that it was not possible for the State to
establish the possible responsibility of this defendant, who had threatened Mr. Luna López
and was identified by the State in its final written brief as the main perpetrator of the crime
(supra para. 151).
c) Other presumed perpetrators
276
Cf. Acquittal of Jorge Chávez issued by Catacamas Civil Court on September 10, 2004, which indicated
that “the Prosecutor [r]epresenting the Public Prosecutor’s Office, [as] well as the Private Prosecutor, at no time
during the trial proposed or voided the evidence through which it could be demonstrated with certainty that […]
Jorge […] Chávez [had] acted as organizer [paying] the amounts of [fifty or ten] thousand lempiras to take the life
of the now deceased Carlos Antonio Luna López” (File of attachments to the Report on Merits, page 671).
277
Cf. Judgment of the Third Court of Appeals of April 25, 2005, which ruled that “even though it is certain
that the case pending has not produced evidence indicating the accused Jorge […] Chávez [as] author of the acts
attributed to him, it is no less certain that if there are sufficient deeds or indications that, examined together,
permit the Court, through a reasoned thought process and following the rules of sound judgment, to arrive with
certainty at the conclusion that […] the accused Jorge Adolfo Chávez was the person who, together with others
planned the murder of Carlos Luna, sending Oscar Aurelio Rodríguez (El Machetío) with others to carry out the act”
(File of attachments to the final written arguments, pages 9127 to 9129).
278
Cf. Judgment of Criminal Chamber of the Supreme Court of Justice, Appeal for Dismissal No. 152-2005 of
June 16, 2006 (File of attachments to the final written arguments, pages 9142 and 9143).
279
Cf. Case of Carpio Nicolle et al. v. Guatemala. Merits, Reparations and Costs. Judgment of November 22,
2004. Series C, No. 117, para. 131 and Case of Nadege Dorzema et al., para. 194.
280
Cf. Ruling on final dismissal of case issued by the Catacamas Civil Court on March 26, 2007, which ruled
that “the defendant Oscar Aurelio Rodríguez, even though he assured that he had been hired to commit the
unlawful crime, never provided credible evidence to support his claim [and that] no link between the threats made
by José Ángel Rosa Hernández and the death of Mr. Carlos Antonio Luna López exist[ed]” (File of attachments to
the State’s response, pages 6053 and 6054).
281
Cf. Ruling issued by the Third Court of Appeals on November 1, 2007, which decreed that at “at this
procedural stage no degree of certainty was [required] regarding the participation of the accused, the probability of
his involvement in the criminal event being sufficient,” (File of attachments to the final written arguments, page
6073) and a new remand order was issued (File of attachments to the final written arguments, page 6074).
55
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