41
D.1)
with respect to habeas corpus
18.
on July 20, 1992, Leonel Casco Gutiérrez filed, by telegram,54 a habeas
corpus remedy against the commanders of the Tenth Infantry Battalion and of the
territorial forces before the Appelate Court of Comayagua for the disappearance of
Juan Humberto Sánchez. The Appelate Court informed Mr. Casco that they would
admit it after the serving judge issued a report on the matter;55
19.
on July 24, 1992, the Judge of First Instance of Marcala, La Paz, informed the
Appelate Court of Comayagua that it had been impossible to execute the habeas
corpus order “because the Commander of the Tenth Battalion was away.” On July
28, 1992, that same judge went to the facilities of the Tenth Infantry Battalion to
execute the habeas corpus order, and he was informed that Juan Humberto Sánchez
had been detained on July 10 and released the following day;56
20.
on August 14, 1992 the habeas corpus remedy was rejected by the Appelate
Court of Comayagua, which forwarded said decision to the Supreme Court of Justice
on August 17, 1992;57
D.2) with respect to the criminal investigation
21.
on July 22, 1992, the Justice of the Peace of the Municipality of
Colomoncagua began the process of elucidation of the death of Juan Humberto
Sánchez;58
54
Pursuant to Honduran legislation.
55
Cf. Statement by Leonel Casco Gutiérrez rendered before the Inter-American Court on March 3,
2003; Letter addressed by COFADEH to the Constitutional Compliance Committee of the National Congress
on September 3, 1992, with copies for the media, the Comisión Nacional de Reconciliación, Amnesty
International, and the Comité contra la Tortura, in a file at the Secretariat of the Court entitled: “Anexos a
la demanda presentados por la Comisión Interamericana de Derechos Humanos,” Annex 19, pp. 187-192;
Habeas Corpus remedy filed before the Appellate Court of Comayagua on July 20, 1992, in a file at the
Secretariat of the Court entitled: “Anexos a la demanda presentados por la Comisión Interamericana de
Derechos Humanos,” Annex 24, p. 248; Official Letter Nº 047-DDHN of the Secretariat of Foreign Affairs of
the Republic of Honduras of July 9, 1999 in a file at the Secretariat of the Court entitled “Caso Juan
Sánchez. Fondo. Tomo II,” Annex 2 of the answer to the application, pp. 729 to 732; and Study prepared
by the Centro de Investigación Pro Derechos Humanos on “La Aplicabilidad del Hábeas Corpus o exhibición
personal en Honduras” 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 10, pp. 38 to 41.
56
Habeas Corpus proceeding record drawn up by the serving judge, Rigoberto Osorio Bautista,
appointed by the Appellate Court of Comayagua on July 28, 1992, in a file at the Secretariat of the Court
entitled: “Caso Juan Sánchez. Fondo. Tomo I,” Annex 8 of the application, pp. 141 to 142.
57
2003.
Cf. Statement by Leonel Casco Gutiérrez rendered before the Inter-American Court on March 3,
58
Cf. Attestation issued by the Second Court of First Instance of the Department of Intibucá on
October 8, 1998 in a file at the Secretariat of the Court entitled: “Caso Juan Sánchez. Fondo. Tomo I,”
Annex 15 of the application, p. 181; Record of the Justice of the Peace of Colomoncagua of July 22, 1992
in a file at the Secretariat of the Court entitled “Caso Juan Sánchez. Fondo. Tomo I,” Annex 24 of the
application, p. 249; Attestation by the Second Court of First Instance of the Department of Intibucá of
September 28, 1998 in a file at the Secretariat of the Court entitled “Caso Juan Sánchez. Fondo. Tomo II,”
Annex 1 of the answer to the application, p. 713; Attestation by the Second Court of First Instance of the
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