3
Derechos Humanos
applicants”).1
en
Centroamérica
(hereinafter
“CODEHUCA”
or
“the
5.
The applicants submitted to the Commission their pleadings regarding
admissibility and the merits of the matter on November 19, 1992, April 2, 1993,
December 7, 2000, and January 29, 2001, and the State submitted its pleadings on
April 6, 1993, July 14, 1997, and July 12, 1999. They were forwarded to the
respective parties at the appropriate times.
6.
On June 11, 1999, the Commission sent a communication to the parties
making itself available with the aim of attaining a friendly settlement, pursuant to
“Articles 48(1)(f) of the American Convention and 45(1) of the Rules of Procedure of
the Commission.”
7.
On March 6, 2001, during its 111th Session, the Commission adopted Report
No. 65/01 on admissibility and the merits of the case, and it decided:
1.
That it is competent to hear th[e] case and that the complaint is admissible
pursuant to Article 46 of the American Convention.
2.
That, based on the proven facts and the analysis [carried out], the Commission
finds that the State of Honduras is responsible for the violation, to the detriment of Juan
Humberto Sánchez, of the rights to life (Article 4), to humane treatment (Article 5), to
personal liberty (Article 7), to fair trial (Article 8(1)) and to judicial protection (Article
25), in combination with the general obligation to respect and ensure the rights
protected by the American Convention, set forth in Article 1(1) of said treaty.
The Commission also recommended to the State that it:
1.
Conduct a serious, impartial and exhaustive investigation of the facts stated in
the complaint, with the aim of establishing the criminal responsibility of all the
perpetrators of the kidnapping and execution of Mr. Sánchez and to establish whether
there are other facts or actions by State agents that have obstructed the complete
investigation and punishment of those responsible;
2.
victim;
Make effective and prompt reparations for the violation to the next of kin of the
3.
Adopt such measures as m[ight] be necessary to prevent and avoid recidivism
of similar facts.
8.
Said report was sent by the Commission to the State on June 8, 2001, with a
request for it to report, within two months, on the measures adopted to comply with
the recommendations of the Commission and to correct the situation stated in the
complaint. On August 22, 2001, the Commission received the reply by the State to
Report No. 65/01, in which it requested that the latter be reconsidered.
IV
PROCEEDING BEFORE THE COURT
9.
The Commission filed the application in the instant case before the InterAmerican Court on September 8, 2001 (supra 1).
1
On November 10, 2000 the Comité de Familiares de Detenidos Desaparecidos en Honduras, a
committee of next of kin of missing detainees in Honduras (hereinafter “COFADEH”) was accepted as coapplicant in the case.
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