6
support; d) beneficiaries of any government pensions based upon death or
permanent disability; e) Honduran legislative and jurisprudential criteria for
indemnification for death, accidental or non-accidental.
13.
On April 26, 1989, the Government submitted its response to the Commission's submission
of March 1, 1989 (supra 7). The pleading also refers to matters that, in its opinion, should be
taken into account in the indemnification of the family of Saúl Godínez Cruz. Regarding measures
to express its condemnation of the facts that gave rise to the judgment and its obligation to
investigate the disappearance of Saúl Godínez Cruz and prosecute those responsible, the
Government believes the Court's judgment of January 20, 1989 "is very clear and precise
regarding the obligation of Honduras to pay damages, which is to pay just compensation to the
family of the victim, and nothing more" (underlined in the original). Insofar as the benefits the
Commission believes should be paid to the wife of Saúl Godínez Cruz, the Government believes
that such payment "is only admissible insofar as whatever may be provided for by the system to
which Mr. GODINEZ CRUZ may have been affiliated." It asserts that damages, loss of earnings,
and emotional harm are inadmissible because their purpose "is not merely to compensate the
GODINEZ CRUZ family, but . . . to pay the expenses of the intense media campaign waged
against Honduras within and outside the country by national and foreign associations, and to pay
the fees of lawyers and other professionals who cooperate with the Commission in this case."
14.
In reply to point 2 of the Court's communication of April 3, 1989 (supra 12), the
Government submitted on May 19, 1989 various documents and resolutions containing the
information requested.
15.
On that same date, in response to point 1 of that communication (supra 12), the
Government submitted a copy of the birth certificate of Saúl Godínez Cruz.
16.
In response to points 2 and 9, the Government submitted the following information on May
26, 1989:
a)
Certification by the Secretary of the General Tax Office (Dirección General de
Tributación) according to which Mssrs. MANFREDO VELASQUEZ RODRIGUEZ
and SAUL GODINEZ CRUZ did not file tax returns in 1979, 1980 and 1981.
b)
Mortuary Tables CSO 1958, commutation values at 7%, used by the
Superintendent of Banks and Insurance (Superintendencia de Bancos y
Seguros).
17.
On that same date, in compliance with point 10, the Government submitted the following
documentation:
1.
Provisions on inheritance upon death and inter vivos gifts, contained in Book
III of the 1906 Civil Code of Honduras.
2.
Regulatory provisions of the Social Security Law applicable in Honduras when
an insured person dies (Resolution No. 193, December 17, 1971).
3.
Provisions of the Family Code: Duties and Rights arising from Marriage,
Informal Union, Economic Relationship, Family Patrimony, Paternity and
Parent-Child Relationship (Decree No. 76-84).
4.
Provisions of the Law of Military Social Security (Decree No. 905).
5.
Retirement Law for the Judicial Branch (Decree No. 114 of the National
Congress, May 5, 1954).