4
consider applying Article 42 (formerly 39) of its Regulations and presume the allegations to the
true.
18.
Although it reiterated its request for information on October 6, 1982, March 23 and August
9, 1983, the Commission received no reply.
19.
At its 61st Session, the Commission adopted Resolution 30/83 of October 4, 1983, whose
operative parts read as follows:
1.
By application of Article 39 of the Regulations, to presume as true the
allegations contained in the communication of October 7, 1981, concerning the
detention and disappearance of Angel Manfredo Velásquez Rodríguez in the Republic
of Honduras.
2.
To point out to the Government of Honduras that such acts are most serious
violations of the right to life (Art. 4) and the right to personal liberty (Art. 7) of the
American Convention on Human Rights.
3.
To recommend to the Government of Honduras: (a) that it order a thorough
and impartial investigation to determine who is responsible for the acts denounced;
(b) that it punish those responsible in accordance with Honduran law; and (c) that it
inform the Commission within 60 days, especially about the measures taken to carry
out these recommendations.
4.
If the Government of Honduras does not submit its observations within the
time limit set out in paragraph 3 supra, the Commission shall include this Resolution
in its Annual Report to the General Assembly pursuant to Article 59(g) of its
Regulations.
20.
On November 18, 1983, the Government requested the reconsideration of Resolution
30/83 on the grounds that domestic remedies had not been exhausted, that the Dirección
Nacional de Investigación had no knowledge of the whereabouts of Velásquez Rodríguez, that the
Government was making every effort to find him, and that there were rumors that Velásquez
Rodríguez was "with Salvadoran guerrilla groups."
21.
On May, 30, 1984, the Commission informed the Government that it had decided at its
62nd Session (May 1984), "in light of the information submitted by the Honorable Government, to
reconsider Resolution 30/83 and to continue its study of the case." The Commission also asked
the Government to provide information on the exhaustion of domestic legal remedies and other
matters relevant to the case.
22.
On January 29, 1985, the Commission repeated its request of May 30, 1984 and notified
the Government that it would render a final decision on this case at its meeting in March 1985.
On March 1 of that year, the Government asked for a postponement of the final decision and
reported that it had set up an Investigatory Commission to study the matter. The Commission
agreed to the Government's request on March 11, granting it thirty days in which to present the
information requested.
23.
On April 7, 1986, the Government provided information about the outcome of the
proceeding that had been brought before the First Criminal Court of behalf of Velásquez Rodríguez
and other persons who had disappeared. According to that information, the tribunal had
dismissed the complaints "except as they applied to General Gustavo Alvarez Martínez, because
he had left the country and has not given testimony." This decision was later affirmed by the First
Court of Appeals.