55
proper investigation thereof, as well as such other proceedings as may be instituted to
establish responsibility for the facts of the instant case, and effectively enforce the legallyprescribed consequences. The State must institute and complete the relevant investigations
and proceedings within a reasonable period of time, to establish the truth of the facts.
192. The Court notes that, in compliance with its obligation to investigate and, if
appropriate, punish those responsible for the facts, the State must remove all factual and
legal obstacles hindering their proper investigation, and use all means available to expedite
such investigation and the relevant proceedings with a view to preventing the recurrence of
facts such as those of the instant case.
193. Moreover, it has been established that various witnesses related to the events of the
instant case have been threatened, and that one such witness is a beneficiary of the
provisional measures ordered by this Court in the course of the proceeding before it (supra
paras. 15 and 16). Accordingly, based on the body of evidence in this case, the State must
apply its domestic law to provide effective protection to any witnesses of the events related
to the murder of Mrs. Blanca Jeannette Kawas-Fernández and offer guarantees to any
person who may wish to testify. The State must guarantee the enforcement of any and all
orders issued by a competent authority restricting or limiting any contact between said
witnesses and the parties who are likely to be responsible for the facts and take the
necessary measures should such orders not be observed. Also, the State must, in a fully
diligent manner and within a reasonable period of time, process and fully deal with any
complaint of coercion, intimidation or threats made by the witnesses in the domestic
proceedings and take all legally prescribed measures for their investigation. Additionally, as
established in this Judgment, the State must guarantee that the prosecutors and other
officers in charge of the investigation and proceeding concerning the murder of Mrs. Blanca
Jeannette Kawas-Fernández have adequate resources, including, without limitation,
economic and logistic resources, and the required protection to move the investigation of
and proceeding concerning the facts of the instant case forward.
194. Based on the Court’s case law,228 the State must ensure that the victims are given
full access and recognized the standing to act at all stages of such domestic investigations
and proceedings, such that they are allowed to submit claims, receive information, provide
evidence, make arguments and, basically, assert and enforce their interests. The goal of
such involvement must be to have access to justice, to know the truth of the facts and to
secure just reparation. Additionally, the outcome of the proceeding must be publicized in
order that the Honduran society may be made aware of the judicial determination of the
facts and the parties responsible therefore in the instant case.229
195.
Considering the above, the Court finds it appropriate to order the State, pursuant to
paragraph 226 of this Judgment, to provide specific information on the following issues: a)
the status of the criminal files that are currently open concerning the murder of Mrs. Blanca
Jeannette Kawas-Fernández and the obstruction of the related investigations; b) the
measures adopted to provide the agents in charge of the investigation with the necessary
228
Cf. Case of the Caracazo v. Venezuela. Reparations and Costs. Judgment of August 29, 2002. Series C No.
95, para. 118; Case of Bayarri. Preliminary Objection, Merits, Reparations and Costs, supra note 135, para. 176;
and Case of Valle-Jaramillo et al. Merits, Reparations and Costs, supra note 10, para. 233.
229
Cf. Case of Las Palmeras V. Colombia. Reparations and Costs. Judgment of November 26, 2002. Series C
No. 96, para. 67; Case of Heliodoro-Portugal. Preliminary Objections, Merits, Reparations and Costs, supra note
123, para. 247; and Case of Valle-Jaramillo et al. Merits, Reparations and Costs, supra note 10, para. 233.
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