(Right to Personal Liberty), 8 (Right to a Fair Trial), and 25 (Right to Judicial
Protection) of the American Convention, in relation with Article 1(1) (Obligation to
Respect Rights) of the same, in detriment of Marco Antonio Servellón García (16
years old), Rony Alexis Betancourth Vásquez (17 years old), Diomedes Obed García
Sánchez (19 years old), and Orlando Álvarez Ríos (32 years old). Likewise, it
requested that the Court issue a ruling regarding the violation by the State of
Articles 5(5) (Right to Humane Treatment), 7(5) (Right to Personal Liberty), and 19
(Rights of the Child) of the Convention in relation with Article 1(1) (Obligation to
Respect Rights) of said treaty, in detriment of the children Marco Antonio Servellón
García and Rony Alexis Betancourth Vásquez, and of Articles 5 (Right to Humane
Treatment), 8 (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the
Convention, in connection to Article 1(1) (Obligation to Respect Rights) of said
treaty, in detriment of the next of kin of the alleged victims. The Commission
mentioned that it presented before the Court the petition due to the alleged
inhumane and degrading conditions of detention of the alleged victims by the State;
the blows and attacks against the personal integrity that they are mentioned as
being the victims of by the police agents; their alleged death while they were
detained under the custody of police agents; as well as the alleged lack of
investigation and right to a fair trial that characterize their cases, which are still in
impunity more than “nine” years after the facts occurred. Marco Antonio Servellón
García, Rony Alexis Betancourth Vásquez, Orlando Álvarez Ríos and Diomedes Obed
García Sánchez, were allegedly arrested, between September 15 and 16, 1995,
during a preventive detention or operation carried out by the Public Security Force of
that time (hereinafter “FUSEP”).1 State agents allegedly extra judicially killed the
four youngsters and their bodies were found on September 17, 1995 out in the open
in different places of the city of Tegucigalpa, Honduras.
The Commission requested that the Court, pursuant to Article 63(1) of the
Convention, order the State to adopt certain measures of reparation indicated in the
petition. Finally, it requested that the Tribunal order the State to pay the costs and
expenses generated in the processing of the case in the domestic jurisdiction and
before the bodies of the Inter-American system.
The Inter-American Court is competent to hear the present case, in the terms
of Articles 62 and 63(1) of the Convention, since Honduras is a State Party in the
American Convention since September 8, 1977 and it acknowledged the adjudicatory
jurisdiction of the Court on September 9, 1981.


In 1993 a police reform process was started which resulted, in the year 1998, in the enactment of
the Organic Police Law (Decree Number 156/98), which substituted the Organic Law of the Public Security
Force (Decree Number 369 of August 16, 1976). Pursuant to the new Law, the Preventive Police and the
Investigation Police were merged under the responsibility of the General Authority of Criminal
Investigation attached to the State Security Secretary. The hierarchal structure of the Public Security
Force (FUSEP) was modified when it was transformed into the National Police, going from a military
organization to a police organization.

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