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With respect to the family, she also stated that both the mother and the sister of
Juan Humberto Sánchez expressed their fear of rendering testimony before the
Court. She deemed it important for both the parents and the sister, as well as other
next of kin of the alleged victim to receive psychotherapeutic treatment.
She said that the fact that Juan Humberto Sánchez collaborated with the guerrilla
forces did not alter the scale of suffering that the family might have undergone if he
had been a farmer, as in 1991 there had been an amnesty that led to his return to
Honduras, beginning a different stage in the life of the family.
j)
Expert opinion of Héctor Fortín Pavón, Honduran attorney
Since 1985, the legal codes adopted a mixed system, with the consequent
hypertrophy of the preliminary proceedings that continued to be written procedures.
The trial would commence due to an accusation filed by the authorities or delation,
on their own motion or due to a complaint by a private individual. There was an
examining judge who investigated, tried, and sentenced. At that time the Public
Prosecutor’s office was spread out in Honduras, as it was under the Attorney
General’s Office, with prosecutors in the various courts who had merely formal tasks,
and the principle of unity was not respected.
In 1994, the Public Prosecutor’s Office was established, as an eminently inquisitorial
system, and therefore there was a duality with respect to the judges. The trial was
divided into two stages, the preliminary proceedings and the plenary.
The
investigation was carried out in the preliminary proceedings, which could last from
one to three months at most. If there was a corpus delicti it was inspected and
removed, and if experts were available, whether officers or physicians, an expert
opinion was ordered, and if there were no experts, two empirical experts were
appointed.
The action could be a private one, carried out by the authorities on their own motion,
or a public interest action, and it was not possible to try a person in absentia, for
which reason if the person was at large or could not be found, the law authorized
conclusion of the preliminary proceeding and shelving of the file.
In this system, an arrest warrant can be ordered in absentia when the judge deems
that there is conclusive evidence that the crime was committed.
Articles 90 and 94 of the Constitution of Honduras provide that there is a violation of
due process when a person is tried violating the guarantees set forth in the
procedural code, when the person has not had access to the courts, when a
constitutional principle regarding the parties was breached, and when a necessary
and unavoidable procedural step was omitted. He stated that in the instant case
there was no violation of due process.
From the constitutional standpoint, verbal arrest orders do not exist, unless the
criminal is caught in the act. On certain occasions, the military acted as policemen
and helped the Justices of the Peace to conduct any type of investigation, including a
preliminary trial investigation. A verbal order is illegal, for which reason the first
detention of Juan Humberto Sánchez was illegal.
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