32
Brizuela [Reyes], the Second Lieutenants [José] Alberto Alfaro [Martínez]∗, [Leonel]
Matute Chávez, [Orlando] Mejía [Murcia], [José Reinaldo] Servellón [Castillo], and
[Osvaldo] López [Flores], for the same crimes against Seargents Núñez, Palacios,
Adan, Zambrano, and Miranda and Cano for the same crimes against agents Laínez,
[Hugo Antonio] Vivas, [José Antonio] Martínez [Arrazola], and Francisco Morales
Suanzo and against the Police Judge Roxana Sierra [Ramírez], for the crimes of
Illegal Arrest, Abuse of Authority, and Violation of the duties of Officials and
Concealment, in detriment of the minor Rony Alexis Betancourth [Vásquez].”32
79(39) On March 5, 1996 the Criminal Court of First Instance (hereinafter “the
Court”) admitted the accusation, prior obligatory proceedings, and ordered the
measures and investigations that needed to be performed.33
79(40) On May 6, 1996 the representative of the Public Prosecutors’ Office presented
a criminal accusation before the Court against “Marco Tulio Regalado Hernández,
[José Alberto] Alfaro Martínez, Hugo Antonio Vivas, José Antonio Martínez Arrazola,
[and] Roxana Sierra Ramírez […] for the crimes of murder committed in detriment of
the youngsters Orlando Álvarez Ríos, Rony Alexis Betancourth [Vásquez], Marco
Antonio Servellón García, and Diomedes Obed García Sánchez, […] by [said] officials
against the exercise of the rights guaranteed by the Constitution, in detriment of the
existence and security of the State, and abuse of authority, in detriment of public
administration.” In the charges, they requested, among others, that: 1) the
corresponding arrest warrants be issued, and 2) the joining of the charges with the
records of the proceedings started regarding these same facts through the
indictment presented before the same Court by the Ombudsman of the Committee
for the Defense of Human Rights in Honduras (CODEH), as well as those presented
before the Second Criminal Peace Court of Comayaguela.34
79(41) On May 6, 1996 the Court admitted the charges presented by the Public
Prosecutors’ Office, and therefore ordered that the corresponding inquiries be made,
that a communication be issued to the Second Criminal Court of Tegucigalpa and the
Second Criminal Peace Court of Comayagüela, so that they could disqualify
themselves from hearing the cases conducted to clarify the deaths of Marco Antonio
Servellón García, Orlando Álvarez Ríos, Rony Alexis Betancourth Vásquez, and
Diomedes Obed García Sánchez and which were forwarded to said Court for their
continuation. Finally, the Court denied the request for an arrest warrant based on
lack of sufficient grounds to do so.35
∗
In what refers to Mr. José Alberto Alfaro Martínez, in the documents presented by the parties he
appears indistinctively with the name José Alberto or Alberto José. This Court understands that it is
dealing with the same person, thus in the present Judgment it will use the name José Alberto Alfaro
Martínez.
32
Cfr. claim of March 5, 1996 presented by Manases Betancourth Nuñez before the Criminal Court
of First Instance (dossier of appendixes to the petition, appendix 4, volume I, folios 845 through 850)
33
Cfr. ruling issued by the Criminal Court of First Instance, of March 5, 1996 (dossier of appendixes
to the petition, appendix 4, volume I, folios 864 through 865).
34
Cfr. criminal charges presented by the Assistant District Attorney of the Special Human Rights
Public Prosecutors’ Office, Mercedes Suyapa Vásquez Coello before the Criminal Court of First Instance, of
May 6, 1996 (dossier of appendixes to the petition, appendix 4, volume I, folios 905 through 926).
35
Cfr. ruling issued by the Criminal Court of First Instance, on May 6, 1996 (dossier of appendixes
to the petition, appendix 4, volume I, folios 1022 and 1023).