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by police authorities. On several occasions, the authorities denied the detentions,
even in cases in which the prisoners were later released. There were no judicial
orders for the arrests and the places of detention were unknown. When writs of
habeas corpus were formalized, the police authorities did not present the persons
named in the writs (testimony of Miguel Angel Pavón Salazar, Ramón Custodio
López, Milton Jiménez Puerto and Efraín Díaz Arrivillaga).
b.
The judges named by the Courts of Justice to execute the writs did not
enjoy all the necessary guarantees. Moreover, they feared reprisals because they
were often threatened. Judges were imprisoned on more than one occasion and
some of them were physically mistreated by the authorities. Law professors and
lawyers who defended political prisoners were pressured not to act in cases of
human rights violations. Only two dared bring writs of habeas corpus on behalf of
disappeared persons and one of those was arrested while he was filing a writ
(testimony of Milton Jiménez Puerto, Miguel Angel Pavón Salazar, Ramón Custodio
López, César Augusto Murillo, René Velásquez Díaz and Zenaida Velásquez).
c.
In no case between 1981 and 1984 did a writ of habeas corpus on behalf
of a disappeared person prove effective. If some individuals did reappear, this
was not the result of such a legal remedy (testimony of Miguel Angel Pavón
Salazar, Inés Consuelo Murillo, César Augusto Murillo, Milton Jiménez Puerto,
René Velásquez Díaz and Virgilio Carías).
VI
119. The testimony and documentary evidence, corroborated by press clippings, presented by
the Commission, tend to show:
a.
That there existed in Honduras from 1981 to 1984 a systematic and
selective practice of disappearances carried out with the assistance or tolerance of
the government;
b.
That Manfredo Velásquez was a victims of that practice and was kidnapped
and presumably tortured, executed and clandestinely buried by agents of the
Armed Forces of Honduras, and
c.
That in the period in which those acts occurred, the legal remedies
available in Honduras were not appropriate or effective to guarantee his rights to
life, liberty and personal integrity.
120. The Government, in turn, submitted documents and based its argument on the testimony
of three members of the Honduran Armed Forces, two of whom were summoned by the Court
because they had been identified in the proceedings as directly involved in the general practice
referred to and in the disappearance of Manfredo Velásquez. This evidence may be summarized
as follows:
a.
The testimony purports to explain the organization and functioning of the
security forces accused of carrying out the specific acts and denies any knowledge
of or personal involvement in the acts of the officers who testified;