4
19.
By note of July 19, 1983, the Government responded to this communication by pointing
out that "the competent national authorities are investigating the case and as soon as specific and
objective data are available, they will be forwarded to the Commission."
20.
At its 61st Session, the Commission adopted Resolution 32/83 of October 4, 1983, whose
operative parts read as follows:
1.
By application of Article 39 of the Regulations, to presume as true the
allegations contained in the communication of October 9, 1982, concerning the
detention and possible disappearance of Saul Godínez Cruz in the Republic of
Honduras.
2.
To point out to the Government of Honduras that such acts are most serious
violations of the right to life (Art. 4) and the right to personal liberty (Art. 7) of the
American Convention on Human Rights.
3.
To recommend to the Government of Honduras: (a) that it order a thorough
and impartial investigation to determine who is responsible for the acts denounced;
(b) that it punish those responsible in accordance with Honduran law; and (c) that it
inform the Commission within 60 days, especially about the measures taken to carry
out these recommendations.
4.
If the Government of Honduras does not submit its observations within the
time limit set out in paragraph 3 supra, the Commission shall include this Resolution
in its Annual Report to the General Assembly pursuant to Article 59(g) of its
Regulations.
21.
On December 1, 1983 the Government requested reconsideration of Resolution 32/83 on
the grounds that a writ of habeas corpus (exhibición personal), brought on behalf of Saul Godínez
Gómez on August 17, 1982, had been denied because the applicant did not complete the
procedure in a timely fashion and that another writ, brought on behalf of Saul Godínez Cruz and
others on July 4, 1983, was still pending on the date that the Government requested the
reconsideration. The Government included information received from security officials on the
impossibility of determining the whereabouts of Saúl Godínez Cruz. It also pointed out that Police
Sergeant Félix Pedro García Rodríguez, of Monjarás de Choluteca had declared that Godínez was
in Cuba, from whence he planned to go to Nicaragua before returning to Honduras.
22.
In his response of February 15, 1984, the petitioner admitted that the writ of habeas
corpus filed on August 17, 1982 had not been pursued "because they denied holding anybody by
the name of Saul Godínez Gómez and the investigating judge fell for that trick." The petitioner
also forwarded a written statement by someone who claimed to have seen Saul Godínez Cruz and
other prisoners in the custody of Honduran authorities on July 27, 1983, at the Central
Penitentiary of Tegucigalpa.
23.
By note of May 29, 1984, the Commission informed the Government that it had decided
"to reconsider Resolution 32/83 and to continue the study of the case." The Commission also
asked the Government to provide information on the exhaustion of domestic legal remedies and
on other matters relevant to the case. The Commission reiterated this request of January 29,
1985.
24.
On March 1, 1985, the Government asked the Commission to postpone consideration of
this case because it had set up an "Investigatory Commission" to study the matter. The
Commission granted the Government thirty days in which to present the information requested.