45. Subsequently, Messrs. Ramón Everardo Calix Urtecho and Oscar Palacios, both City Council members, went to the “November 18 Institute” police station looking for police officials. There they contacted a National Police lieutenant and returned to the Catacamas Municipality in his company. When they arrived at the scene of the incident (without specifying the time), they collected the bullet shells (infra para. 51).68 46. Finally, Mr. Luna López’s family arrived at the San Francisco Hospital in Juticalpa,69 where they received his body and took it back to his mother’s house in a neighborhood in the Center of Catacamas to hold his wake.70 B. 4. Preliminary investigation of the facts 47. On May 19, 1998, the Catacamas Magistrates Criminal Court (hereinafter, the “Magistrates Court”71), represented by Judge Juan Carlos Castillo Sermeno, ordered an inquiry into the offences committed.72 Based on the foregoing, at 9:00 am on the same day, the Judge himself visited the crime scene and conducted a visual inspection of the area, where he observed the presence of blood stains and supposed bullet holes.73 48. Likewise, officials of the Criminal Investigations Division of the Public Prosecutor´s Office traveled from Tegucigalpa to Catacamas, passing through the city of Juticalpa to interview Mr. Luna López’s son, César Augusto Luna López, who provided them with what he regarded as “the motives for his father’s death.”74 49. At 9:45 am on May 19, during the wake held for Mr. Luna López at his mother’s home, medical examiner Claudia Suyapa Martínez supervised the “removal of the body” of Mr. Luna López. According to her expert opinion, “a circular orifice was observed in the back of his right chest midline, at the level of the twelfth thoracic vertebra” and she determined that the “apparent cause of death [was] abdominal trauma caused by a gunshot, with probable damage to the large blood vessels.” In addition, the report confirmed that “no 68 Cf. Statement of Ramón Everardo Calix Urtecho rendered on June 25, 1998, before the Criminal Investigation Division (File of attachments to the final written arguments, pages 9410 and 9411). 69 Cf. Statements rendered before the Catacamas Civil Court by Obdulio Roberto Cruz Navarro on August 24, 1998 (File of attachments to the State’s response, page 5076); Daniel Valle Hernández on August 25, 1998 (File of attachments to the State’s response, page 5082); Carlos Antonio Luna Valle on August 26, 1998 (File of attachments to the State’s response, page 5092), and César Augusto Luna Valle on August 27, 1998 (File of attachments to the State’s response, page 5099). 70 Cf. Statement of César Augusto Luna Valle rendered on August 27, 1998, before the Catacamas Civil Court (File of attachments to the State’s response, page 5099) and official report on the removal of the body, supra. 71 Code of Criminal Procedure of October, 1984. Decree No. 189-84, published in the Official Gazette of Honduras on February 27, 1985. Article 154 establishes that “[w]hether it is an indictment or a criminal inquiry into the prosecuting procedures to determine the corpus delicti, to discover those responsible for having participated, to shed light on their identity and establish their nature, the quantum of harm and the damages caused by the offence.” At the same time, Article 26 of the Law on the Organization and Powers of the Courts of 1906 stipulates that “Magistrates have the power to: [...] 3) Determine in first instance the causes of the crimes and offences and, together with the Criminal Judges, either on request or on its own initiative, institute legal proceedings for major serious crimes.” 72 Cf. Court order to initiate an investigation process of May 19, 1998, issued by the Magistrate’s Criminal Court (File of attachments to the State’s response, pages 6572 and 6573). 73 Cf. Inspection Record of May 19, 1998, issued by Catacamas Magistrate’s Criminal Court (File of attachments to the State’s response, pages 6574 and 6575). 74 Cf. Submission of the report on the preliminary investigation into the homicide case of May 21, 1998 (File of attachments to the final written arguments, page 9298). 18