52
VIII
VIOLATION OF ARTICLE 7
IN COMBINATION WITH ARTICLE 1(1)
(RIGHT TO PERSONAL LIBERTY)
Pleadings of the representatives of the alleged victim
71.
The representatives of the alleged victim deemed that Article 7 was breached
to the detriment of Juan Humberto Sánchez and his stepfather, Juan José Vijil,
because:
a)
Juan Humberto Sánchez was twice deprived of his liberty at his home:
on the night of July 10, 1992, and on the night of July 11, 1992, in an
arbitrary manner, resorting to violence, and those who detained him did not
identify themselves, nor did they explain the detentions;
b)
the circumstances of the second detention of Juan Humberto Sánchez,
carried out by the First Battalion of Territorial Forces, under the command of
Captain Nelson Lagos, on the night of July 11, 1992, are more grave, because
in addition to the fact that there was no court order for the detention, the
operation was conducted in such a way that it allowed those who conducted it
to remain completely anonymous, and they kidnapped him violently,
threatening the family. Furthermore, the armed forces intended to keep the
alleged victim in solitary confinement, interrogating him under torture, and
then executing him, and no explanation was given to the family, who only
heard of Juan Humberto Sánchez again when his tortured body was found
next to a river;
c)
the second detention was exclusively in line with the pattern of
clandestine detentions or arrests conducted by the military with the aim of
identifying and eliminating alleged guerrilla fighters, and they never observed
the legal requirements for a formal arrest, which involved bringing the
detainee before a competent judicial authority;
d)
the State did not fulfill its obligation to ensure due legal process to
Juan Humberto Sánchez, so as to establish the legality of his detentions, or if
there was an accusation against him, for him to be tried within a reasonable
term. Judicial control of the detentions would have enabled detection and
prevention of threats against his life or serious mistreatment, which violate
fundamental rights; and
e)
Juan José Vijil Hernández, the alleged vicim’s stepfather, was
arbitrarily deprived of his liberty on July 28, 1992, when he was taken by
helicopter to the city of Tegucigalpa by a group of military officers, after
Sánchez and María Milagro Sánchez c) María Florinda Vijil Sánchez, Juan Carlos Vijil Sánchez, d) Donatila
Argueta Sánchez and Breidy Maybeli Sánchez Argueta,” in a file at the Secretariat of the Court entitled;
“Anexos correspondientes al escrito de observaciones de los representantes de la presunta víctima y sus
familiares ante la Corte Interamericana de Derechos Humanos,” Annex 5, pp. 7 to 18; evidence file in the
Juan Humberto Sánchez case, entitled “Anexos correspondientes a los gastos y costas incurridos por el
COFADEH correspondiente a los escritos de solicitudes, argumentos y pruebas y el de alegatos finales.
Tomo I,” available at the Secretariat of the Court, pp. 62 to 243 and 1615 to 1792.
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