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h)
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Expert opinion of Leo José Rodrigo Valladares Lanza, former
National Human Rights Commissioner in Honduras
The country’s situation was set within the framework of the final stage of the
peacemaking process in Central America. During the 1980s, there were conflicts
throughout the region, and Honduras was in the midst of the countries with domestic
conflicts: Guatemala, El Salvador, and Nicaragua. It was the final stage of the
peacemaking process, at least in El Salvador, as the Peace Accords were already
being signed, and in Nicaragua there had been a transfer of government from the
Sandinistas to Mrs. Violeta Barrios.
During this stage in Honduras the judiciary system and its investigations of criminal
acts were entrusted to the military forces; through the doctrine of national security,
the latter deemed that the only way to combat so-called subversion or insurgency
was to create clandestine groups that, outside all judicial control and that of other
authorities, took upon themselves the right to signal persons who were dangerous,
deprive them of their freedom, torture them, and sometimes kill them and make
them disappear.
At the time, in 1992, Honduras still had a system in which the armed forces were
clearly predominant and they were granted a special, autonomous status. This
entailed control of the whole police system by the armed forces. Generally, the
Commanders of the Public Security Forces came from the army, the land forces;
they had strictly military training, and the police was militarized. They also controlled
customs, airports, and immigration.
With respect to the security forces operating in the border region between Honduras
and El Salvador at the time, on the Honduran side there were three important
camps: Mesa Grande, San Antonio, and Colomoncagua. The Honduran authorities
suspected that the refugee camps were rest areas for the Salvadoran guerrilla, as
they were very close to the borders and this supposedly allowed the Salvadoran
guerrillas to reach the camps, benefit from the humanitarian aid, rest, and then go
back to fight. Therefore, the camps were subject to rigorous external control, as
internally they were under the control of UNHCR by agreement with the Honduran
authorities. The area was part of the jurisdiction of the Tenth Battalion, based in the
town of Marcala, in the Department of La Paz. However, special border control was
necessary, and therefore the territorial forces were created to guard the border.
The border problem between Honduras and El Salvador had not yet been solved at
the time, and there were some sectors called “bolsones” or “pockets,” claimed by
both countries. What they did then was to maintain a type of status quo in which
they did not intervene within those disputed areas or lands. Since they could not
intervene in them, the Honduran military forces guarded the area more and more
closely. In 1992, the public security forces, that is the police, and the Tenth
Battalion as well as the territorial forces were all under the joint high command of
the armed forces. The Tenth Battalion was a regular force. The territorial forces had
a specific mission. When there was an action in which the Tenth Battalion had
participated or which was in some manner a border protection one, they transferred
it to the territorial forces. The military forces did not have legal authority as such,
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