REPORT No. 49/15 CASE 12.585 MERITS ÁNGEL PACHECO LEÓN AND FAMILY HONDURAS JULY 28, 2015 I. SUMMARY 1. On August, 2004, the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission,” “the Commission,” or “IACHR”) received a petition filed by Marleny Pacheco Posadas1 (hereinafter “the petitioners”) alleging the international responsibility of the Republic of Honduras (hereinafter “the Honduran State,” “Honduras,” or “the State”) for the killing of Ángel Pacheco León, which occurred on November 23, 2001, and for its failure to investigate, prosecute, and punish those responsible. 2. According to the petitioners, Ángel Pacheco León was killed because he had been elected congressperson and his killing had been planned and carried out by various persons, including other congresspersons and a police officer. They pointed out that the investigation of Mr. Pacheco's killing was not sound or effective because certain indispensable steps had not been taken, the proceedings had remained inactive for long periods of time, and evidence had been destroyed. They pointed out that, to date, the proceedings continue to be in the preliminary stage, the facts involved in the death of Mr. Pacheco have not been clarified, and those responsible for the crime have been neither identified nor punished. 3. The State challenged the facts alleged by the petitioners. It alleged that, after the death of Mr. Ángel Pacheco León, a court investigation was undertaken, in which many steps were taken. It indicated that, although to date the persons responsible had not been identified, the duration of the proceedings is not unreasonable because the case is complex. It also argued that it continues to carry out investigations to punish the instigators and perpetrators of the crime. 4. After review of the information available, the Commission concludes that the State of Honduras is responsible for violating the rights to a fair trial and to judicial protection, as set forth in Articles 8.1 and 25.1 of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) in connection with Article 1.1 of the same instrument, to the detriment of the next of kin of Ángel Pacheco. Likewise, on the basis of the principle iura novit curia, the IACHR concludes that the State is responsible for violating the right to life and the political rights as set forth in Articles 4.1 and 23 of the American Convention in connection with the obligations set forth in Article 1.1, to the detriment of Ángel Pacheco León. Finally, the Commission establishes the violation of the right to personal integrity as established in Article 5.1 of the American Convention, in connection with the obligations set forth in Article 1.1 of the Convention, to the detriment of the next of kin of Ángel Pacheco. On the basis of said conclusions, the IACHR makes its recommendations to the State of Honduras. II. PROCEEDINGS WITH THE COMMISSION 5. On the basis of the communication of August 27, 2004, Marleny Pacheco Posadas filed the initial petition. The proceedings, since the filing of the petition up to the decision taken on admissibility, are explained in detail in the report on admissibility 118/06 of October 26, 2006.2 In said report, the IACHR concluded that the petition was admissible with respect to the rights contained in Articles 8 and 25 of the American Convention, in keeping with Article 1.1 of the Convention. 1 Afterwards, the Committee of Next of Kin of Disappeared Arrested Persons in Honduras (Comité de Familiares de Detenidos Desaparecidos en Honduras—COFADEH) became a co-petitioner of the case. 2 See IACHR, Report No. 118/06, Petition 848-04, Admissibility, Ángel Pacheco León, Honduras, October 26, 2006. Available at: http://www.cidh.oas.org/annualrep/2006sp/Honduras848.04sp.htm