15
In response to a request by general Discua, he conducted an exhaustive
investigation of the events in connection with Juan Humberto Sánchez, but he does
not recall having submitted a report to his commander on that investigation.
He stated that he did not receive any document asking him to place Ángel Belisario
Hernández González in custody. He was aware neither of any participation of his in
the murder of Juan Humberto Sánchez, nor of the participation of members of the
military in the capture of Juan Humberto Sánchez on July 11, 1992, nor of the
identity of those who captured him.
f)
Testimony of Lucinda Cecilia Mena Amaya, an official of the
Attorney General’s Office
She had access to the file in the case against Ángel Belisario Hernández González, as
the State seeks to solve the cases and avoid impunity. Several steps were taken in
said case, and those having to do with it –the examining judge, the Attorney General
and the Public Prosecutor’s Office- have always followed the case, respecting due
process.
She also stated that there have been no requests for ballistic tests or for exhumation
of the body of Juan Humberto Sánchez, and she could not recall whether there was a
forensic analysis of the inspection and removal of the body.
She said that obstacles to the case were because the witnesses for the prosecution
did not specify the identity of those responsible for the facts, and this delayed
capture of the accused. This had a bearing on the matter because the procedure
followed was based on the previous Procedural Code, which was inquisitorial and
established that the file was shelved until the accused was captured, and Mr.
Hernández González was at large until January 17, 2003.
Ángel Belisario Hernández González has been accused because according to several
witnesses for the prosecution, it was he who sent a group of soldiers to detain Juan
Humberto Sánchez and this gave the examining judge reasonable grounds to order
the arrest. At the appropriate time, the arrest warrants were issued to the local
police, to the National Police, and to the Ministry of Defense, and today, after his
capture, the case is active before the Appelate Court in Comayagua. At this time,
processing of the case is in the indictment stage and testimony has been received.
To date, the next of kin of Juan Humberto Sánchez have not appeared as plaintiffs.
g)
Testimony of José Germán Silvestrucci, official of the Attorney
General’s Office
The first arrest warrants against Ángel Belisario Hernández González were issued in
1998, and several efforts were made; at the time, the accused had been discharged
from the armed forces. He did not know that at that time he was an active student
at Universidad Nacional Autónoma de Honduras since 1997.
He declared that the State had carried out several actions, through the Attorney
General’s Office, to capture Ángel Belisario Hernández González as soon as possible.
Currently, the trial is in the indictment process.
There are no representatives of the family of Juan Humberto Sánchez in the
proceeding, and only the Public Prosecutor’s Office has appeared in it.
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