4
(hereinafter “the President”), notified it to the State and informed the latter of the
terms for its reply and appointment of their representation in the process. The
Secretariat, following the President’s instructions, also informed the State of its right
to appoint a judge ad hoc to participate in the consideration of the case.
13.
On that same day, pursuant to that established in Articles 35(1)(d) and
35(1)(e) of the Rules of Procedure, the Secretariat notified the Center for Justice and
International Law (hereinafter “CEJIL”) and the Association Casa Alianza Latin
America (hereinafter “Casa Alianza”), appointed in the application as the
representatives of the alleged victims and their next of kin (hereinafter “the
representatives”), of the application and informed them that there was a two-month
term to present their brief of pleadings, motions, and evidence (hereinafter “brief of
pleadings and motions”).
14.
On April 29, 2005 the State informed of the appointment of Mr. Álvaro Agüero
Lacayo, Ambassador before the Government of Costa Rica, as Agent and of Mrs.
Argentina Wellerman, as deputy agent.2
15.
On May 2, 2005 the representatives presented their brief of pleadings and
motions, with which they enclosed documentary evidence and they offered
testimonial evidence and expert assessments. The representatives requested that
the Court conclude that the State is responsible for the violation of Articles 4(1)
(Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8(1)
(Right to a Fair Trial), and 25 (Right to Judicial Protection) of the American
Convention, in relation to Article 1(1) (Obligation to Respect Rights) of said treaty, in
detriment of the alleged victims, and for the violation of Articles 5(5) (Right to
Humane Treatment) and 19 (Rights of the Child) of the Convention with regard to
Marco Antonio Servellón García and Rony Alexis Betancourth Vásquez. The
representatives claimed the violation of Articles 5 (Right to Humane Treatment), 8(1)
(Right to a Fair Trial), and 25 (Right to Judicial Protection) of the Convention, in
relation to Article 1(1) (Obligation to Respect Rights) of the same with regard to the
next of kin of the alleged victims. Similarly, they requested that the Court declare
the violation of the right to truth of the next of kin of the alleged victims and the
Honduran society in general, pursuant to Articles 8, 13, 25, and 1(1) of the
Convention. Finally, they requested that the Court order specific measures of
reparation in favor of the alleged victims and their next of kin, as well as payment of
costs and expenses.
16.
On July 4 and 12, 2005 the State presented its response to the petition and
observations to the brief of pleadings and motions (hereinafter “brief of response to
the petition”) and its appendixes, respectively, through which it communicated its
assent to the facts included in paragraphs 27 through 106 of the petition presented
by the Inter-American Commission and it responded to the facts that referred to the
alleged context in which they occurred, thus rejecting that the violations occurred in
a context of systematic violation of human rights tolerated by the State. Likewise, it
acknowledged its international responsibility for the violation of the rights enshrined
in Articles 4, 5, 7, 8, and 25 of the American Convention, making several
considerations in this sense (infra paras. 54 and 55). In said brief it communicated
the appointment of Mr. Sergio Zavala Leiva, Attorney General of the Republic of
Honduras, as agent in the present case.
2
During the processing of the case, the State made changes in the appointment of its
representatives before the Court.