stress that the Juzgado Seccional de Tocoa [Court of the First Instance
of Tocoa] carried out all these procedures on the same day of October
14, 2003 in order to facilitate the immediate dismissal of the charges
against Messrs. Facussé and Castro, while other procedures to clarify
the murder of Mr. Escalera took months and years to carry out, and
others have not yet been carried out. They add that on October 23 of
2003 the attorneys of Messrs. Facussé and Castro requested their final
release; this petition was received and decided on the same date, and
both defendants were issued the release.7 The petitioners claim that,
consequently, there was an unwarranted delay in the administration of
justice and that the remedies under domestic law were, in practice,
ineffective. They request that, in the light of the aforementioned, the
Commission admit the petition based on the exception provided for by
Article 42 (2) (c) of the American Convention.
B.
The State
14.
The State of Honduras argues that it does not sponsor a policy of
extrajudicial, summary or arbitrary executions against any particular
social group in the country, as is alleged by the petitioners, and stresses
that in the referred cases the State has initiated investigations in a
timely manner and has found those responsible for the crimes guilty. It
maintains that in the last few years there was an improvement in the
human rights situation of the country.8
15.
The State argues that there is no atmosphere of impunity in
Honduras. It emphasizes that in this case there is a judgment against
one of the defendants, who was found guilty of being a perpetrator of
this crime. The State also stresses that there was no negligence on the
part of the Office of the Prosecutor or of the Judiciary: both have
exerted their best efforts so that the defendants would be tried as
promptly as possible. It maintains, with respect to the homicide of Mr.
Escaleras, that all judicial measures and procedures determined by
Honduran law were carried out and that the petition is unfounded
because there has been no violation of the right to due process or to the
right to a fair trial.
7 According to the evidence available to the Commission, the criminal trial of
the abettors of the death of Mr. Escaleras Mejía continues against other alleged
abettors, Messrs. Juan Ramón Salgado, José Salomón Martínez and Oscar Félix
Sosa Vargas.
8 The State of Honduras notes the enactment of a new Organic Law of the
Police and a new Code of Criminal Procedure which replaced the old
inquisitorial with the adversary system.
6
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