46
239
th
07. Accordingly, on February 28, 2007, the Office of the 11 Prosecutor admitted as private accuser
240
the Cacique General of the Comarca, and on April 24, 2007, incorporated three persons as defendants.
According to the information produced by the parties, on August 22, 2007, and September 7, 2007, that
241
prosecutorial office conducted field inspections. According to the evidence before the IACHR, on May
th
29, 2008, the 11 Prosecutor’s Office issued Prosecutorial Review no. 151, in which it concluded that:
[…] despite the various technical evaluations carried out by the experts of the National
Envrionmental Authority, the [accused] cannot be considered responsible of this fact, given that the
experts have concluded that these devastations have taken place approximately 10 to 15 years, so
no one can be held responsible even through they have been found in the lower Curtí sector[.]
[S]imilarly, it was concluded that in this site there was not environmental affectation, and in the area
where some degree of environmental affectation was found, Playa Yuso beach and Viejo Pedro,
242
there is no evidence to establish the responsibility of the accused.
175.
According to the foregoing, the Prosecutor’s Office requested the Second Circuit Court of
the First Judicial Circuit of the Panama Province to order the temporary stay of the investigation.
c)
Criminal proceeding before the Office of the Fifth Specialized Prosecutor of the
First Circuit of Panama
176.
On January 30, 2007 Héctor Huertas, attorney for the alleged victims, filed a complaint
with the Technical Judicial Police of the district of Chepo, that on that same day he was going through the
Comarca with personnel from ANAM when, in the zone of Tortí Abajo, they surprised four persons
243
indiscriminately felling trees. The complaint was identified as CHE-029-2007.
On that same day,
January 30, 2007, these persons were detained preventively by members of the Police of Tortí, and the
244
next day they were handed over to the Technical Judicial Police.
245
177.
After taking a series of investigative measures , on January 31, 2007, the Technical
Judicial Police of Chepo forwarded the file to the Personería Municipal of Chepo, the investigative agency
246
of the Public Ministry, indicating that the accused continued in custody.
That officer known as the
Personera Municipal took statements from the persons detained and by resolution of February 1, 2007,
she ordered the application of measures to appear before the authorities instead of preventive
239
Annex 82. File 0118, folio 47. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.
240
Annex 82. File 0118, folios 67-68 and 86. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10,
2007.
241
The first was in the sector of Viejo Pedro, Sub-district of El Llano; in the community of Loma Bonita, district of Chepo;
and in the sub-district of Tortí, district of Chepo. Annex 83. Transcript of the Field Inspection made by the 11th Prosecutor of the
First Judicial Circuit of Panama, September 28, 2007, folios 464-466. Petitioners’ brief of November 13, 2007, received by the
IACHR the same day. The second was in the sectors of Playa Chuzo, Tortí Abajo, Curtí, and Wacuco. Annex 84. Transcription of
the Field Inspection made by the 11th Prosecutor of the First Judicial Circuit of Panama, September 17, 2007, folios 461-462.
Petitioners’ brief of November 13, 2007, received by the IACHR the same day.
242
Annex 85. Fiscal Review no. 151 of May 29, 2008 issued by the Eleventh Prosecutor’s Office of the First Judicial
Circuit of Panama. Annex 3 to the submission of the State of September 17, 2012, received on September 24, 2012.
243
Annex 86. File 258, folios 1 to 5. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.
244
Annex 86. File 258, folios 14 to 32. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.
245
Annex 86. Statement by Ernesto Castillo Castillo, regional administrator of the ANAM. File 258, folios 8 to 12. Annex to
petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007. Annex 86. Statement of Miguel Bonilla, sergeant of the
Police Zone of Chepo who arrested the four persons. File 258, folios 33 to 34. Annex to petitioners’ brief of May 7, 2007, received by
the IACHR on May 10, 2007. Annex 86. Request to the Regional Bureau of the ANAM for the complete report and photographic
views of the place where the clear-cutting was found in the sector of Tortí Abajo. File 258, folios 14 and 36. Annex to petitioners’
brief of May 7, 2007, received by the IACHR on May 10, 2007. Annex 86. Request for identification of persons allegedly responsible
to the Department of Judicial Identification. File 258, folio 35. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on
May 10, 2007. Annex 86. Investigative measure in the sector of Tortí Abajo, along with officials of the ANAM. File 258, folios 64-66.
Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.
246
Annex 86. File 258, folios 68-69. Annex to petitioners’ brief of May 7, 2007, received by the IACHR on May 10, 2007.