21
Honduran territory, either because they had never entered, or having entered, had left for
Guatemala after a brief period in transit. Those statements were both formal and official and
came from the highest authorities --the Ministry of Foreign Relations and the Embassy in Costa
Rica. The Court notes that, in this fact situation, when the Government affirms it has carried out
a careful investigation, leading to the conclusion that a person allegedly disappeared is not in its
territory and has never been in its custody, the Government may be said to have recognized that
there are no internal remedies.
111. Therefore, the Court rejects the objection of the Government of Honduras that internal
remedies were not exhausted.
VI
112. For oral and documentary evidence offered by the Commission to prove that in Honduras,
from 1981 through 1984, there were numerous cases of persons kidnapped and made to
disappear, that the Armed Forces were responsible for these actions, and the judicial remedies of
Honduras were ineffective in protecting human rights, especially the rights to life and the liberty
and integrity of the person of those disappeared, the Court refers to the Velásquez Rodríguez
(Judgment of July 29, 1988. Series C. No. 4, para. 82 et seq.) and Godínez Cruz judgments
(Judgment of January 20, 1989. Series C. No. 5, para. 89 et seq.). The Court now considers the
specific evidence of the Fairén Garbi and Solís Corrales Case.
113. According to his testimony, Francisco Fairén Almengor, father of the disappeared person,
decided to travel to Honduras after a person claiming to be the chauffeur of the Honduran
Embassy in San José showed him a photograph from "La Tribuna" newspaper of Honduras of a
body found at the place called La Montañita. In the chauffeur's opinion, the body in the photo
bore a strong resemblance to the witness' son. At the morgue of Tegucigalpa, Mr. Fairén was told
the body had been buried in the city cemetery. Some women from the area of La Montañita told
him and Antonio Carrillo Montes, then Consul General of Costa Rica in Honduras, several bodies
had been found in that place, and they showed him a ravine of some 70 meters deep where,
according to them, the bodies had been tossed (testimony of Francisco Fairén Almengor).
114. The Minister of Justice of Costa Rica at the time of the events reported she had received a
group of persons, including the father of Francisco Fairén Garbi and the mother of Yolanda Solís
Corrales, who informed her of the disappearance of their children in Honduras and requested her
help. The witness said she helped by making inquiries of the Government of Honduras, which
proved unfruitful, and by obtaining from Nicaragua the certification and photocopy of the
immigration cards (testimony of Elizabeth Odio Benito).
115. A witness who was Consul General of Costa Rica in Honduras at that time told the Court
that during the term of his appointment he heard of the disappearance of three Costa Ricans in
Honduras: Francisco Fairén Garbi, Yolanda Solís Corrales and Eduardo Blanco. He added that an
official of the Office of Immigration told him they were prisoners in El Manchén. The witness said
he had accompanied Mr. Francisco Fairén Almengor while the latter was in Honduras (testimony of
Antonio Carrillo Montes).
116. The Government of Nicaragua certified that Francisco Fairén Garbi and Yolanda Solís
Corrales entered Honduras from Nicaragua by automobile at the Las Manos border post on
December 11, 1981. It also sent certified photographs of the immigration cards. Having
maintained various points of view, Honduras accepted that fact but pointed out that, because of
the hour of entry (4:30 p.m.), it was noted in the immigration statistics as the following day.