182. Regarding the investigations conducted against Marcos Morales and Wilfredo Pérez,
the Civil Court issued warrants for their arrest (supra para. 105) in November 2001. Also, in
a statement on June 15, 2004, Mr. Oscar Aurelio Rodríguez Molina stated that, “Marcos
Morales and Wilfredo Pérez […] did not exist.” The Court notes that there are no further
actions against these accused nor an order for the final dismissal of the proceedings.
183. Similarly, both the Commission and the representatives noted the lack of an
investigation of those directly accused by witnesses and by one of the material authors in
the case regarding the involvement of State officials in the unlawful act. In particular,
regarding then-Congressman Lincoln Figueroa (owner of a company involved in timber
exploitation and partner of José Ángel Rosa), and then-Mayor of Catacamas, Freddy Salgado
(supra paras. 29, 36, 70 and 106); as well as related third parties, such as Fredy Noel
Salgado “Guifarro”, son of the then-Mayor, Alberto Isidoro Calix and Adán Orellana and the
businesses mentioned in the complaints of alleged corruption filed by Carlos Luna López.
184.
In this regard, according to the statement of Berta Oliva, before his death Mr. Luna
López had reported to COFADEH the individuals who had a “plan to murder him” (supra
para. 33). Moreover, on June 15, 2004, the Civil Court received a statement from the
convict Oscar Aurelio Rodríguez Molina, affirming that José Ángel Rosa and Fredy Noel
Salgado “son” of Mayor Salgado,282 had hired Alberto Isidoro Calix and Ítalo Iván Lemus to
kill Mr. Luna López. Subsequently, in his final statement on September 20, 2004, Mr.
Rodríguez Molina confirmed what he had stated earlier and pointed out that José Ángel Rosa
and Fredy Salgado “son” were interested in killing him. Based on Mr. Rodríguez Molina’s
testimony, on September 27, 2004, the legal representative of Mariana Lubina López de
Luna asked the Civil Court Judge to issue warrants for the arrest of Alberto Isidoro Calix,
Fredy Noel Salgado “Guifarro”, Alejandro Fredy Salgado Cardona and Adán Orellana.
However, in a ruling issued on December 15, 2004, the Civil Court decided that:
“after an exhaustive analysis of the merits of the case, […] based on the evidence
presented and included in court documents, no logical and concatenated link can be
established to indicate that a close relationship […] of participation can be attributed to
them,” by virtue of which the request for an arrest warrant against them is denied.
185. Regarding the accusations against Mr. Lincoln Figueroa, the Court notes that the
Criminal Investigation Division and the Public Prosecutor’s Office investigated his connection
with the timber company “PROFOFI,” denounced by Mr. Luna López, and he rendered a
witness statement before the Civil Court. Similarly, regarding the alleged crimes of Mayor
Salgado, the Court notes that he rendered three statements before the Criminal
Investigation Division and the Civil Court, in which he denied the charges (supra para. 107).
Also, with respect to the allegations against Mr. Fredy Noel Salgado Mejía, he also rendered
at least three statements before the Civil Court and participated in a face-to-face hearing
(supra para. 108). There is no other information to show that other proceedings were
conducted against Messrs. Alberto Isidoro Calix and Adán Orellana, who were named by
Oscar Aurelio Rodríguez (supra paras. 71 and 108).
186. From the foregoing it is clear that the different criminal proceedings undertaken to
investigate the fact of this case produced the following results: i) two material authors were
sentenced to prison terms; ii) a presumed intellectual author was acquitted following the
ruling of the Criminal Chamber of the Supreme Court; iii) one of the accused, who was
being criminally charge as an intellectual author, was murdered and consequently the
282
Cf. (File of attachments to the Report on Merits, pages 537 and 538).
56
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