34 Secretariat of Foreign Affairs of Honduras so that the Supreme Court could issue an analysis of the “unjustified delay in justice” in the mentioned cause.38 79(46) On August 12, 2002, the Criminal Chamber of the Supreme Court of Justice verified that: “1. The present investigative proceedings are still in its preliminary stages, [which pursuant to legislation] [can] not [exceed] three months. 2. [That] within the proceedings ordered by the examining judge are: identification of files, appointments, the reason for the appointment and discharges of some lieutenants and agents, without having executed the requirements ordered by the authority responsible obliged to supply the information required [and that the] Judge responsible for the investigation can not let said negligence go by without being noticed [...]. 3. The levels of investigation practiced up to now […] have not been effective, since they have not been able to fulfill the objective of the preliminary stage of the process[,] which is the practice of proceedings with the purpose of proving the body of the crime, discovering its authors or participants, finding out their personality and [the] nature and amount of the damage.”39 79(47) On January 14, 2005 once again the Public Prosecutors’ Office requested that the corresponding arrest warrants be issued against David Abraham Mendoza, Marco Tulio Regalado Hernández, José Alberto Alfaro Martínez, José Antonio Martínez Arrazola, and Roxana Sierra Ramírez.40 On February 9, 2005, more than nine years after the extrajudicial killings, the Court decided to “order the immediate capture of Messrs. José Alberto Alfaro Martínez and Víctor Hugo Vivas Lozano, for considering them responsible for having committed the crimes of Torture […] and Murder, in detriment of Orlando Álvarez Ríos, Rony Alexis Betancourth [Vásquez], Marco Antonio Servellón García, and Diomedes Obed García Sánchez and [...] the immediate capture of Mrs. Roxana Sierra Ramírez, for considering her responsible of having committed the crime of Illegal Arrest [...].”41 The Public Prosecutors’ Office appealed said decision because it ordered the capture of only some of the people accused of the deaths of the victims.42 79(48) On February 15, 2005 José Alberto Alfaro Martínez appeared before the Court to “present [himself] voluntarily […] since he was aware that a process was start[ed 38 Cfr. official letter of the Secretariat of the Supreme Court of Justice addressed to the First Criminal Court of First Instance, of May 21, 2002 (dossier of appendixes to the petition, appendix 4, volume II, folio 1433). 39 Cfr. official letter of the Secretariat of the Supreme Court of Justice addressed to the Criminal Court of First Instance of the Judicial Section of Tegucigalpa, of August 21, 2002 (dossier of appendixes to the petition, appendix 4, volume II, folio 1433). 40 Cfr. complaint of the attorney Tania Fiallos Rivera, Prosecutor of the Public Prosecutors’ Office, attached to the Special Human Rights Prosecutors’ Office, addressed to the Criminal Judge of First Instance, of January 14, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folios 2317 through 2325). 41 Cfr. operative ruling of the Criminal Court of First Instance of the Judicial Section of Tegucigalpa, of February 9, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folios 2327 through 2334). 42 Cfr. order of notification of the attorney Tania Fiallos Rivera, presenting an application for reconsideration and appeal in subsidy against the court’s ruling of February 9, 2005, on February 16, 2005. (dossier of appendixes to the respondent’s plea, folio 2359); and ruling of the Criminal Court of First Instance of the Judicial Section of Tegucigalpa, of February 17, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folio 2363).