70.
Likewise, the petitioners contended that, on December 30, 2005, several persons broke into
Mr. Pacheco’s house and took confidential documentation. 115 They stated that, on December 11, 2003, four
armed men kidnapped the engineer in charge of building a new house for Mr. José Pacheco.116 They claimed
that the workers who were on the construction site heard the armed men say “no, this is not him” when the
engineer was kidnapped.117
71.
The petitioners also reported that, on May 28, 2012, José Pacheco and his son José Daniel
Pacheco were the victims of kidnapping and theft of their car.118
72.
They alleged that all of these incidents were reported by José Pacheco León on the basis of
seven complaints.119 Although the Commission does not have the dates for all the complaints filed, it takes
note of the numbers of the investigations of the complaints. 120 According to the petitioners, these complaints
did not lead to any kind of protection for Mr. Pacheco and his next of kin. 121
73.
The Commission notes that the State did not challenge that said complaints had been filed
nor did they provide any information about protection given or about the status of the investigations.
B.
Law
74.
Bearing in mind the nature of the case and the inter-relationship between the actions of the
State on the basis of domestic proceedings and the review to assign responsibility to the State, the
Commission shall conduct a review of the law, first all, regarding the investigation and domestic proceedings
in the light of the American Convention. Second, the Commission shall determine if the State of Honduras is
responsible for the death of Mr. Pacheco León.
1.
Right to a fair trial and judicial protection (Articles 8.1 and 25.1 of the American
Convention)
75.
Article 8.1 of the American Convention establishes the following:
Every person has the right to a hearing, with due guarantees and within a reasonable time,
by a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
76.
As for Article 25.1 of the Convention, it establishes the following:
Everyone has the right to simple and prompt recourse, or any other effective recourse, to a
competent court or tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this Convention, even
though such violation may have been committed by persons acting in the course of their
official duties.
115
Communication from the petitioners of June 24, 2012.
116
Communication from the petitioners of June 24, 2012.
117
Communication from the petitioners of June 24, 2012.
118
Communication from the petitioners of June 24, 2012.
Communication from the petitioners of June 24, 2012. Complaint filed by José Pacheco. Annex to the communication from
the petitioners received by the IACHR on August 27, 2004. Complaint filed by Nancy Pacheco. Annex to the communication from the
petitioners received by the IACHR on August 27, 2004.
119
120 Complaints No. 4901 of September 27, 2002; No. 314-03; No. 3505; No. 3287; No. 3370; No. 11591 of December 31, 2005;
and No. 3452. In: communication from the petitioners of March 13, 2013.
121
Communication from the petitioners of June 24, 2012.