6.
On November 1, 2006, the Commission forwarded the admissibility report to the parties. It
also informed the parties that, in line with Article 38.2 of its Rules of Procedure, it was at the disposal of the
parties to reach a friendly settlement. On December 31, 2006, the petitioners submitted their observations
on the merits. As for the State, it submitted its observations on the merits on May 18, 2007.
7.
Afterwards, the petitioners submitted communications on July 24, 2007, January 30, 2008,
January 28, 2009, June 24, 2012, and March 13, 2013. Furthermore, the State filed communications on
November 29, 2007, December 5, 2008, and May 25 and October 25, 2012. All communications were duly
forwarded to the parties. Likewise, on October 14, 2014, IACHR held a public hearing on the case at the 153 rd
period of sessions.
III.
A.
POSITION OF THE PARTIES
Position of the petitioners
8.
The petitioners indicated that the State is responsible for the killing of Ángel Pacheco León,
which took place on November 23, 2001, as well as for the absence of an investigation clarifying what happened
and punishment of those responsible for said crime. They pointed out that the homicide of Mr. Pacheco took
place in a context of impunity in Honduras, in particular when killings were linked to politics.
9.
As for the rights to a fair trial and to judicial protection, the petitioners indicated that,
although they had started an investigation of the events, to date, almost 14 years after Mr. Pacheco was killed,
the proceedings continue to be at a preliminary stage and not one single person has been punished.
10.
They indicated that, on the same day as the killing of Mr. Pacheco, three persons were
arrested without any evidence against them. They contended that, only two years later, the prosecutor in
charge recognized that these persons were in no way responsible for the crime. The petitioners indicated
that this led to unnecessary and excessive delays as a result of which the investigation of the true
perpetrators of the crime came to a standstill.
11.
The petitioners pointed out that the State did not adopt the minimum requirements
established in the Model Protocol for a Legal Investigation of Extra-Legal, Arbitrary and Summary Executions
(Minnesota Protocol). They indicated that the crime scene was not isolated by a police cordon and that the
authorities did not take note of the presence of motor vehicles in the immediate surroundings of the crime
scene that could be compared with the descriptions provided subsequently by Mr. Pacheco's next of kin .
12.
They also alleged that the initial investigation was marked by long periods of paralysis in its
proceedings, including the destruction of Mr. Pacheco’s blood samples taken during his autopsy. They
indicated that the proceedings were set in motion again only after Mr. Pacheco’s next of kin filed a complaint
with the Special Prosecution Office for Human Rights of the Attorney General's Office for a denial of justice in
July 2004. They added that, in September 2005, Mr. Pacheco’s body was disinterred in order to take DNA
samples, which were also destroyed.
13.
The petitioners contended that both the prosecution and court authorities were negligent in
gathering evidence that could have reasonably involved the responsibility of various persons, including
public officials accused of having sent death threats to Ángel Pacheco León since he had won the primaries to
represent the National Party as a candidate to be a congressperson in the National Congress. They identified
the following persons: Rafael Callejas, Benjamín and Salvador Cárdenas, Raúl Pino, Jorge Berrios, Juan Che,
and Manuel Vides. The petitioners pointed out that not all the persons mentioned or all the witnesses who
held information about the threats made before Mr. Pacheco’s death were subpoenaed. They added there was
no evidence that these suspects were searched for firearms or motor vehicles.
14.
They alleged that access to court proceedings had been restricted. They indicated that, on
various occasions, they were not able to have access to the proceedings of the Attorney General's Office. They