35 against him] for being considered the responsible of the commission of the crimes of MURDER AND TORTURE in detriment of Messrs. Rony Alexis Betancourt [Vásquez], Diomedes Obed García Sánchez, Marco Antonio Servellón García, and Orlando Álvarez Ríos [...],”43 and on that same day he offered his preliminary examination statement.44 On February 20, 2005 Mr. José Alberto Alfaro Martínez requested, within the legal term to make inquiries, that the Court declare a definitive dismissal, since the incriminating conditions necessary to issue a commitment order had disappeared.45 79(49) On February 21, 2005 the Court issued a commitment order against José Alberto Alfaro Martínez, it declared the preliminary proceeding closed and forwarded the proceedings to full trial.46 On the next day, the defense attorneys of José Alberto Alfaro Martínez appealed said decision.47 On June 22, 2005 the First Appellate Court declared the appeal presented admissible, it revoked the commitment order against Mr. José Alberto Alfaro Martínez and issued a definitive dismissal of the proceedings in his favor.48 79(50) On June 22, 2005 the First Appellate Court declared the appeal presented against the ruling of February 9, 2005 inadmissible (supra para. 79(47)), since it understood that “the arrest warrants issued at its time against some of the accused were issued by the Judge in the exercise of his powers and supposing that there were grounds to do so only with regard to the same, reason for which the decision On August 2, 2005 the Public appealed was in accordance with the law.”49 Prosecutors’ Office presented an appeal of relief against this decision, which was decided on by the Supreme Court of Justice on December 14, 2005, which in application of, among others, Articles 8 and 25 of the American Convention, accepted the appeal of relief, “so that a new decision could be issue[d] [deciding the appeal 43 Cfr. brief of Alberto José Alfaro Martínez presented before the Criminal Court of First Instance, Judicial Section of Tegucigalpa, of February 15, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folios 2344 and 2345). 44 Cfr. record of the preliminary examination statement of José Alberto Alfaro Martínez given before the First Criminal Court of First Instance, on February 15, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folios 2351 through 2355). 45 Cfr. complaint of the attorneys Isis B. Linares Mendoza and Juan Pablo Aguilar Galo, addressed to the Criminal Judge of First Instance, Judicial Section of Tegucigalpa, of February 20, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folios 2372 through 2383). 46 Cfr. ruling of the Criminal Court of First Instance, of the Judicial Section of Tegucigalpa of the Department of Francisco Morazán, of February 21, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folios 2393 through 2400). 47 Cfr. order of notification of the attorney Juan Pablo Aguilar Galo and the attorney Isis B. Linares Mendoza presenting an application for reconsideration and appeal in subsidy, of February 22, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folios 2401 through 2402), and official letter of the First Supreme Court of Appeals addressed to the Criminal Court of the Judicial Section of Tegucigalpa of the Department of Francisco Morazán, of April 14, 2005 (dossier of appendixes of evidence to facilitate adjudication of the case, folio 2412). 48 Cfr. judgment of the Supreme Court of Justice, Constitutional Chamber, of December 14, 2005 (dossier of evidence to facilitate adjudication of the case, appendix A, folios 3241 through 3252). 49 Cfr. ruling of the First Appellate Court, of June 22, 2005 (dossier of evidence to facilitate adjudication of the case, appendix A, folios 3229 through 3240).