3
6.
On October 29, 1984, the Government requested reconsideration of Resolution 16/84 on
the grounds that the persons who had disappeared had left its territory, presumably for
Guatemala; that it would consent to the exhumation of the body found in La Montañita, following
the procedure established by the laws of Honduras; and that it had given specific orders to the
authorities to investigate the allegations contained in the petition. The Government also argued
that it had established an Investigatory Commission made up of members of the Armed Forces of
Honduras (hereinafter "Armed Forces") to ascertain the facts and to establish the appropriate
legal responsibilities. It further noted that "with the firm conviction that in this case --as shown in
paragraph 10 of the Resolution 16/84-- the remedies provided on the national plane have not
been exhausted (it had) decided to forward all the documentation on this deplorable matter to the
Investigatory Commission, so it might reopen the investigation and verify the truth of the
allegations."
7.
On October 17, 1985, the Government gave the Commission the report issue by the
Investigatory Commission, according to which "the authorities such as the DNI, Immigration, etc.,
are not holding these persons and no documentation of those offices has been seen which proves
that those foreigners included in the list were captured or entered the country legally."
8.
On April 7, 1986, the Government informed the Commission that
despite the efforts of the Investigatory Commission established by Decree 232 of
June 14, 1984, no new evidence has been discovered. The information at hand
contains no convincing evidence on which to rule on the alleged disappearances
with absolute certainty. In view of the impossibility of identifying the persons
allegedly responsible, the interested parties were publicly exhorted to make use of
the available judicial remedies to bring charges against the public authorities or
private parties they deem responsible.
9.
By Resolution 23/86 of April 18, 1986, the Commission ratified Resolution 16/84 and
referred the matter to the Court.
I
10.
The Court has jurisdiction to hear the instant case. Honduras ratified the Convention on
September 8, 1977 and recognized the contentious jurisdiction of the Court, as set out in Article
62 of the Convention, on September 9, 1981. The case was submitted to the Court by the
Commission pursuant to Article 61 of the Convention and Article 50 (1) and (2) of the Regulations
of the Commission.
II
11.
The instant case was submitted to the Court on April 24, 1986. On May 13, 1986, the
Secretariat of the Court transmitted the application to the Government, pursuant to Article 26 (1)
of the Rules of Procedure.