23
122. The Commission offered the testimony of Guatemalan citizens Israel Morales Chinchilla,
Jorge Solares Zavala, Mario Méndez Ruiz, and Fernando A. López Santizo to prove that Francisco
Fairén Garbi and Yolanda Solís Corrales did not leave Honduras, or to cast doubt upon the veracity
of the certificates Guatemala issued concerning their entry into its territory. According to the
Commission, those witnesses did not appear, either because they could not be found or because
of personal reasons.
123. The Government, in turn, submitted documents and based its argument on the testimony
of three members of the Honduran Armed Forces, two of whom were summoned by the Court
because they had been identified in the proceedings as directly involved in the general practice
referred to. This evidence may be summarized as follows:
a.
The testimony purports to explain the organization and functioning of the
security forces accused of carrying out the specific acts and denies any knowledge
of or personal involvement in the acts of the officers who testified;
b.
Some documents purport to show that no civil suit had been brought to
establish a presumption of the death of Francisco Fairén Garbi and Yolanda Solís
Corrales;
c.
Various certificates, to show that Francisco Fairén Garbi and Yolanda Solís
Corrales entered Honduras and left for Guatemala on the following day through
the customs post at El Florido, and, subsequently, left Guatemala through the
Valle Nuevo border post for El Salvador;
d.
Other documents purport to prove that the Supreme Court of Honduras
received and acted upon some writs of habeas corpus and that some of those
writs resulted in the release of the persons on whose behalf they were brought.
124.
At its request, the Court obtained:
a)
An expert opinion on the signature "Francisco Fairén G." found on the receipt for
the entry of a vehicle into Guatemala, which the Commission submitted to the Court "in
order to help to establish the facts" (supra 37);
b)
A certificate of the Government of El Salvador concerning the prerequisites in
December, 1981, for a Costa Rican to enter El Salvador and stating whether Francisco
Fairén Garbi and Yolanda Solís Corrales had entered that country in that time period
(supra 43 and 44);
c)
A statement of October 2, 1987, of the Government of Guatemala, which reiterates
that Francisco Fairén Garbi and Yolanda Solís Corrales entered Guatemala from Honduras
on December 12, 1981, through the El Florido border post, and left for El Salvador on
December 14, 1981, through the Valle Nuevo border post (supra 4. d)).
VIII
125. Before weighing the evidence, the Court must address some questions regarding the
burden of proof and the general criteria considered in its evaluation and finding of the facts in the
instant proceeding.