7
Commandant in a closed hearing "because of strict security reasons of the State of Honduras" and
b) requested that the Court hear the testimony of Alexander Hernández and Marco Tulio Regalado
"in the Republic of Honduras, in a manner to be decided by the Court and in a closed hearing to
be set at an opportune time . . . because of security reasons and because both persons are on
active duty in the Armed Forces of Honduras."
34.
By note of December 24, 1987, the Commission objected to hearing the testimony of
members of the Honduran military in closed session. This position was reiterated by note of
January 11, 1988.
35.
On the latter date, the Court decided to receive the testimony of the members of the
Honduran military at a closed hearing at the seat of the Court in the presence of the parties.
36.
Pursuant to its Order of October 7, 1987 and its decision of January 11, 1988, the Court
heard the testimony of Elsa Rosa Escoto Escoto on January 19, 1988. On the following day it also
held a closed hearing in San José, which both parties attended, at which it received the testimony
of persons who identified themselves as Lt. Col. Alexander Hernández and Lt. Marco Tulio
Regalado Hernández. The Court also heard the testimony of Col. Roberto Núñez Montes, Head of
the Intelligence Services of Honduras.
37.
On January 22, 1988, the Government submitted a brief prepared by the Honduran Bar
Association on the legal remedies available in cases of disappeared persons. The Court had asked
for this document in response to the Government's request of August 26, 1987.
38.
On July 13, 1988, the Commission responded to a request of the Court concerning another
case before the Court (Fairén Garbi and Solís Corrales Case). In its response, the Commission
included some "final observations" on the instant case.
39.
By decision of July 14, 1988, the President refused to admit the "final observations"
because they were untimely and because "reopening the period for submissions would violate the
procedure opportunely established and, moreover, would seriously affect the procedural
equilibrium and equality of the parties."
40.
The following non-governmental organizations submitted briefs as amici curiae: Amnesty
International, Asociación Centroamericana de Familiares de Detenidos-Desaparecidos, Association
of the Bar of the City of New York, Lawyers Committee for Human Rights and Minnesota Lawyers
International Human Rights Committee.
III
41.
By note of November 4, 1987, addressed to the President of the Court, the Commission
asked the Court to take provisional measures under Article 63 (2) of the Convention in view of the
threats against the witnesses Milton Jiménez Puerto and Ramón Custodio López. Upon forwarding
this information to the Government of Honduras, the President stated that he "does not have
enough proof to ascertain which persons or entities might be responsible for the threats, but he
strongly wishes to request that the Government of Honduras take all measures necessary to
guarantee the safety of the lives and property of Milton Jiménez and Ramón Custodio and the
property of the Committee for the Defense of Human Rights in Honduras (CODEH) . . . ." The
President also stated that he was prepared to consult with the Permanent Commission of the
Court and, if necessary, to convoke the Court for an emergency meeting "for taking the
appropriate measures, if that abnormal situation continues." By communications of November 11
and 18, 1987, the Agent of the Government informed the Court that the Honduran government