12
which took into account the dental records of Francisco Fairén Garbi prepared by Dr. Clyde Collins
Snow. It enclosed another report prepared by the Argentine Team of Forensic Anthropology.
Neither is conclusive because of the sparse information contained in the autopsy report.
59.
On January 20, 1989, the Court entered an order by which it:
1.
Urges the Government of Honduras to provide the Court with the
information to which this Order refers. (The location of the cadaver found at La
Montañita).
2.
Requires the Government of Honduras that it order and carry out the
exhumation and identification of the body found in the place known as La
Montañita on December 28, 1981, the autopsy of which was conducted the day
after (Autopsy No. 259.81). The Government is given thirty days as of today to
comply with this Order. At the end of that period, it shall inform the Court of the
final results thereof.
3.
The President shall appoint such persons as he deems suitable to attend
and, given the case, to participate in the exhumation and identification of the
body. These persons shall present separate reports to the Court.
60.
On February 17, 1989, the Government informed the Court that
members of the Inter-Institutional Commission of Human Rights went to the
cemetery where the remains of the cadaver corresponding to Autopsy Report
259-81 were buried in 1981, and were able to observe that, unfortunately,
because of the ravages of nature and the passage of time there have been caveins and landslides throughout this zone, which were made worse by the recent
hurricane known as Gilbert, and it is now impossible to find the exact place where
that body was buried. As illustration and proof, we attach newspaper clippings
and photos of the area.
61.
On March 10, 1989, in response to the Government's report, the Commission asserted that
the main question is to determine whether in response to the petitions of the
father of Francisco Fairén, the Government of Costa Rica, and of the Commission,
the Government of Honduras took the necessary steps to clarify the situation of
the cadaver found at "La Montañita," considering that its failure to carry out those
measures and its minimal cooperation serves to establish the direct responsibility
of the Honduran Government in this matter.
IV
62.
By note of November 4, 1987, addressed to the President of the Court, the Commission
asked the Court to take provisional measures under Article 63 (2) of the Convention in view of the
threats against the witnesses Milton Jiménez Puerto and Ramón Custodio López. Upon forwarding
this information to the Government of Honduras, the President stated that he "does not have
enough proof to ascertain which persons or entities might be responsible for the threats, but he
strongly wishes to request that the Government of Honduras take all measures necessary to
guarantee the safety of the lives and property of Milton Jiménez and Ramón Custodio and the
property of the Committee for the Defense of Human Rights in Honduras (CODEH). . . ." The
President also stated that he was prepared to consult with the Permanent Commission of the
Court and, if necessary, to convoke the Court for an emergency meeting "for taking the