8.
The representatives indicated that “the investigation process is at a standstill, and
that the actions that have been reported by the State […] continue are insufficient to
achieve the prosecution and punishment of those responsible for the deaths of […] [the]
victims in the instant case.” In addition, they indicated that in February 2008, the First
Court of Appeals of Francisco Morazán ordered the continuation of the proceedings against
the accused Alberto José Alfaro Martínez, and that to date the corresponding public hearing
has not been held, which is an unacceptable situation. In addition, in their observations on
the State report of September 9, 2011, the representatives expressed their concern with
the lack of advances in relation to this operative paragraph, which is one of the most
relevant in terms of its ability to prevent the reoccurrence of this type of incident. Finally,
they requested the State to submit detailed information on the steps taken to apprehend
the individuals allegedly responsible, the difficulties encountered with regard to their
apprehension, as well as the administrative and budgetary information of the investigation
(supra Having Seen 4).
9.
In its observations of December 1, 2010, the Commission indicated that the State’s
efforts to comply with this operative paragraph have been insufficient. The Commission
noted that since the Court’s last Order dated August 5, 2008, no advances have been
confirmed in relation to the investigations, that the information provided by the State is
meager, and that it does not allow for the adequate following up on the steps taken
domestically. In addition, the Commission “agrees with the representatives regarding the
lack of progress in the proceedings against Alberto José Alfaro, on which the State merely
reported that he is out on bail.” The Commission expressed its concern over the lack of
information, leading it to petition the Court to require the State to remit “complete and
detailed information on compliance with this operative paragraph, including corresponding
documentation.”
10.
In keeping with the above, though the State has remitted information on some of the
measures taken, both the representatives and the Commission have indicated that the State
did not refer to the steps taken to investigate those allegedly responsible in the present
case. Based on the foregoing, the Court lacks sufficient information with which to assess the
state of compliance with the duty to investigate. Consequently, the Court reiterates to the
State its duty to intensify its efforts and to immediately perform all appropriate actions to
move forward the investigations; it considers it essential for the State to submit updated,
detailed, and complete information on the implementation of the investigation, the steps
taken, and their results with regard to compliance with the Judgment.
B) Execution of a campaign to raise awareness in Honduran society of the
importance of protecting children and youth, and to inform Honduran
society of the specific protection duties that correspond to the family,
society, and the State (operative paragraph thirteen of the Judgment).
11.
The State indicated that this campaign has been carried out in 14 departments in the
country, starting in the Department of Francisco Morazán on July 22, 2010, and ending in
the Department of Olancho on June 13 and 14, 2011. This was done with the participation
of local authorities, as well as the civil society of the municipalities with the highest rate of
violence and social exclusion of children and youth. In addition, the State highlighted that
the main goal of the campaign was to promote and disseminate information on the rights of
children -especially minors in situations of social risk, as a vulnerable group in relation to
the different social sectors- in compliance with that ruled by the Court in the Judgment of
September 21, 2006 (supra Having Seen 3).
4