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the violations due to the ineffectiveness of [the] remedies provided in it;”
b)
the State “alleges that the decision on admissibility adopted by the
Commission [in Report N° 65/01], exercising the exclusive powers granted to
it by the Convention [Articles 46 and 47], should be reviewed by the Court.”
Articles 46 and 47 of the Convention provide that it is for the Commission to
determine admissibility of a complaint or lack thereof, and exercising said
authority, it analyzed -in depth and in a detailed manner- compliance with
the requirements of the Convention regarding admissibility, and it decided to
reject the objection filed by Honduras before the Commission regarding lack
of exhaustion of domestic remedies, “pursuant to the principle of estoppel
according to which the stages of the proceeding take place successively, by
definitively closing each of them, and it is thus not possible to go back to
procedural stages and moments that have already been concluded and
completed;”
c)
habeas corpus “was ineffective to remedy the violations committed by
the State of Honduras;”
d)
the Inter-American Commission established in its Report No. 65/01
that the exception set forth in Article 46(2)(c) of the American Convention
was applicable due to the unjustified delay in the criminal investigation
undertaken by the Honduran court, as the steps taken in ten years of said
proceeding were preliminary inquiries, investigation is in the stage of
preliminary proceedings, and the process was suspended for over three years
waiting for Ángel Belisario Hernández González to be captured;
e)
while the State listed and generically referred to the remedies set forth
in the Honduran legal system, it did not refer to the grounds for their
application and the effectiveness they might have to protect the rights
abridged. Among said actions, the State mentioned civil action, which “is not
suitable to obtain comprehensive reparation of the violations committed
against Juan Humberto Sánchez, namely torture, illegal detention and extralegal execution, especially since they are attributable to the State and
therefore it need not be exhausted.” Regarding the State’s argument that
the aggrieved party can initiate penal action, it is “an attempt by the State to
avoid its responsibility regarding exercise of penal action and an inadequate
interpretation of the reinforcing nature of the regional system for protection
of human rights;” and
f)
the State argues in its favor that one of the alleged perpetrators of the
facts was recently captured; however, the crime being investigated, due to
its characteristics, could not have been committed by a single person. In
July, 1999, the judge hearing the domestic case ordered the file shelved until
one of the alleged perpetrators appeared, when he should have continued
the investigation to identify the other perpetrators.
Pleadings of the representatives of the alleged victim
63.
The representatives of the alleged victim, in turn, asked the Court to reject
the preliminary objection raised by the State due to “the requirements regarding
admissibility, both in terms of timeliness, adequacy and relevance. Their arguments
were as follows:
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