24
HEALTH OF THE STATE OF HONDURAS”, and he presented as “evidence what was
allegedly “TWO KILOS OF COCAINE AND A JOINT OF ‘MARIJUANA’, [and] A SMALL BAG
CONTAINING A ROCK THAT WAS ALLEGEDLY CRACK.”36
54(16) On April 29, 1997 the Sectional Court of First Instance of Tela started the
preliminary criminal proceedings, admitted the transfer of the defendants Luis Ángel
Acosta, Sunny Loreto Cubas, and Alfredo López Álvarez, and of “two kilos of cocaine, a
joint of Marijuana and a rock that was allegedly crack”, as evidence, instructed that the
preliminary examination statements be received from the defendants, and sent them
to the Criminal Center of Tela for “the term of Law to inquire”. For the assessment of
the evidence and their economic evaluation, it sent it to the Department of Forensic
Medicine of the city of San Pedro de Sula, “so that it [could] determine the purity of
the cocaine and if the [a]mount [allegedly] seized of [c]ocaine, [m]arijuana, and the
alleged rock of crack, is considered for consumption or for dealing,” and it appointed
expert witnesses for that effect. As of that date the mentioned the evidence remained
under the custody of the Sectional Court of First Instance of Tela.37
54(17) On April 29, 1997 Mr. Alfredo López Álvarez offered his preliminary examination
statement in the Sectional Court of First Instance of Tela before the Judge Reina Isabel
Najera, and the secretary of the court, Adela E. Mejía de Murillo, without the presence
of a defense counsel.38
54(18) On the same April 29, 1997 Mr. Alfredo López Álvarez granted a power of
representation to Mr. Víctor Manuel Vargas Navarro. The corresponding instrument was
received on April 30, 1997 in the Sectional Court of First Instance of Tela, which
admitted it on May 2, 1997. Mr. Alfredo López Álvarez appointed new representatives
during the criminal proceedings followed against him. During the course of the latter,
his defense counsel was notified of several judicial acts.39
36
Cf. official letter issued by the investigation offer of the General Office of Criminal Investigation of
the Office of the Public Prosecutor, Mr. Dennis H. Rodríguez R., addressed to the Sectional Judge of First
Instance of Tela on April 28, 1997 (dossier of appendixes to the response to the petition, Volume I, folio
110).
37
Cf. court order to initiate preliminary proceedings issued by the Sectional Court of First Instance of
Tela on April 29, 1997 (dossier of appendixes to the response to the petition, volume I, folio 111).
38
Cf. preliminary examination statement offered by Mr. Alfredo López-Álvarez before the Sectional
Court of First Instance of Tela on April 29, 1997 (dossier of appendixes to the petition, appendix 24, folios
848 through 850), and power of attorney granted by Mr. Alfredo López-Álvarez to the attorney Víctor Manuel
Vargas Navarro on April 29, 1997, and received by the Sectional Court of First Instance of Tela on April 30,
1997 (dossier of appendixes to the response to the petition, volume I, folio 129).
39
Cf. power of attorney granted by Mr. Alfredo López-Álvarez to the attorney Víctor Manuel Vargas
Navarro on April 29, 1997, and received by the Sectional Court of First Instance of Tela on April 30, 1997
(dossier of appendixes to the response to the petition, volume I, folio 129); document of revocation and
granting of a power of attorney signed by Mr. Alfredo López-Álvarez in favor of Messrs. Elvin Javier Varela
Rapalo and Miguel Ángel Izaguirre Fiallos on September 22, 1997 (dossier of appendixes to the response to
the petition, volume I, folio 256); document substituting the power granted to Mr. Elvin Javier Varela Rapalo
in favor of Mr. Dagoberto Alcides Varela Rapalo on February 13, 1998 (dossier of appendixes to the response
to the petition, volume I, folio 282); document substituting the power granted to Mr. Dagoberto Alcides
Varela Rapalo in favor of Mr. Humberto Cuellar Erazo on March 19, 1999 (dossier of appendixes to the
response to the petition, volume II, folio 487); document substituting the power granted to Mr. Humberto
Cuellar Erazo in favor of Mr. Elvin Javier Varela Rapalo on October 9, 2000 (dossier of appendixes to the
response to the petition, volume II, folio 576); document substituting the power granted to Mr. Elvin Javier
Varela Rapalo in favor of Mr. José Luis Mejía Herrera on September 3, 2001 (dossier of appendixes to the
response to the petition, volume II, folio 624); document substituting the power granted to Mr. José Luis
Mejía Herrera in favor of Mr. Nelson Martín Reyes Morales on February 5, 2003 (dossier of appendixes to the
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