4 As to the current status of the procedures initiated so far, the State alleged that: a) in the proceeding initiated against Jorge Alberto Alfaro Martinez, the commitment order delivered on February 21, 2005 was overturned, and therefore he was released. Said court order was appealed by the Office of Public Prosecutor to the Supreme Court of Justice and at the moment, the file is being processed before the Court of Appeals, b) in the proceeding initiated against Victor Hugo Vivas Lozano, by means of resolution of April 7, 2006, the court ordered pre-trial detention for the crime of concealment against the Government, the preliminary investigation was exhausted and the case was referred to full trial. Afterwards, the Trial Court on Judicial Criminal matters in and for Tegucigalpa rendered a conviction against him for the crime of concealment committed against the Government and against Orlando Álvarez Ríos, Rony Alexis Betancourt Hernández, Marco Antonio Servellón Garcia and Diómedes Obed García and then he was sentenced to one- year-and two- months imprisonment, to the accessory penalty of special disqualification for two times the conviction term and to the loss of civil rights during the term of the conviction. Said judgment was final by February 25, 2008; c) as to the proceeding initiated against Mario Roberto Maldonado Ortega, the Trial Court on Criminal Matters in and for Tegucigalpa, by means of a resolution issued within the legal term, released the accused for lack of evidence and finally, dismissed the case. On May 28, 2007, the Office of the Public Prosecutor filed an appeal, which was admitted without suspension of judgment and on June 8, 2007 said case file was referred to the First Court on Appeals in order to try the case; up to May 19, 2008, date of the last State’s report, there were still no news regarding such case; and d) in relation to the accused Roxana Sierra Ramírez, on December 4, 2007, the court issued a commitment order for the crime of unlawful arrest to the detriment of the four victims of the instant case and for the crimes of abuse of authority and concealment to the detriment of the Government. The court ordered precautionary measures different from pre-trial detention after having posted a bond for court costs and fees. Also, the court declared the preliminary investigation to be exhausted and the case was referred to Full Trial, by means of definitive resolution issued on February 6, 2008, and therefore the proceeding is now set for trial (supra Having Seen clause 3). 7. That in the observations to the State’s report of May 19, 2008, the representatives mentioned that they positively value the issuance of the arrest warrants against the people who are allegedly responsible for the facts related to this case. However, they considered that the State omitted to point out the specific measures it has carried out in order to enforce said arrest warrants. In addition, they mentioned that despite the steps taken against Mario Roberto Maldonado Ortega, Roxana Sierra Ramirez and Jorge Alberto Alfaro Martínez, those people are currently free and the proceedings initiated against them have had little procedural activity. As a consequence, it does not spring from the information submitted by the State that appropriate, prompt and effective measures have been adopted in order to apprehend and, if applicable, punish the responsible for the death of the victims (supra Having Seen clause 4). 8. That in the observations submitted on July 9, 2008, the Commission pointed out that it took note of the information furnished by the State and urged it to continue with the investigation in order to inform in its next report on the progress made in each of the proceedings, and especially, the measures adopted to enforce the arrest warrants (supra Having Seen clause 5). 9. That, based on the foregoing, the Court values the information submitted by the parties regarding the steps taken by the State to investigate the alleged responsible for the facts of the instant case. Furthermore, the Court deems it is vital that the State continues submitting updated information on the measures carried out in order to identify, prosecute and, if applicable, punish the perpetrators and planners of the violations committed against

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