12 He knew how the armed forces and the territorial forces were organized in the area where the facts of this case occurred. One of the former, regular forces was the Tenth Infantry Battalion, with its headquarters in the Municipality of Marcala, Department of La Paz; it headed all the military region, both the Department of Intibucá and the Department of La Paz. On the other hand, the Territorial Forces had a military base in Los Llanos, Municipality of Marcala, Department of La Paz, another one in the Municipality of Concepción, Department of Intibucá, and finally, in the Municipality of Cuncuyá, Department of Copán. They were a special counterinsurgency force, constituted as an elite corps to monitor and counteract what they considered subversion all along the border zone. They were under the command of the joint Chiefs of Staff of the armed forces and they depended, to a certain extent, on funding from the Government of the United States of America. They were constituted by former, retired members of the army, from commanding officers to corporals, sergeants, and officers, with a salary quite different from those of the armed forces. It was customary practice of the military forces to capture Salvadorans whom they suspected were collaborators of the Frente Farabundo Martí para la Liberación Nacional (FMLN), even though they did not have such legal authority. He stated that the territorial forces customarily detained persons at night and imprisoned them, even though domestic legislation forbade this. He heard of the detention of Juan Humberto Sánchez through a complaint forwarded to them by father Celso Sánchez, through Tobías Portillo, Procurador Popular en Derechos Humanos or people’s prosecutor for human rights. They documented the case, informed COFADEH, and filed a habeas corpus remedy via telegram before the Appelate Court of Comayagua. Said telegram explained that Juan Humberto Sánchez had been detained by a patrol of the Tenth Infantry Battalion or of the territorial forces. They filed the remedy before a higher body for two main reasons: the first because of the fear that the Judiciary had of the army; and second, based on the Amparo Law, pursuant to which the Appelate Courts are competent to hear a habeas corpus remedy, when an authority has jurisdiction over a department or region, which is the case both of the Tenth Infantry Battalion and of the territorial forces. Article 182 of the Constitution provides that any person may file a habeas corpus remedy. In the specific case of Juan Humberto Sánchez, after filing it via telegram, since there was no acknowledgment of receipt, it was reiterated by telephone. The Appelate Court said that they would admit it and that they were awaiting the report by the serving judge. However, he did not execute it immediately, but rather took four days to do so, justifying this situation due to absence of the unit Commander, Flores Mejía, without visiting the facilities of the territorial forces, as stated in the remedy filed. Finally, on August 14, 1992, the remedy was rejected, based on the August 4 report by the serving judge, deeming that Constitutional guarantees or rights had not been breached. On August 17, 1992, the Appelate Court of Comayagua forwarded the file to the Supreme Court of Justice for the latter to confirm the decision, but that body did not issue a ruling on the matter. The objectives of the habeas corpus remedy were not attained due to the slowness and inefficiency of the authorities, because the serving judges were afraid to demand habeas corpus in the 1980s and early 90s, despite guarantees set forth in the laws and in the Constitution. In the sub judice case, habeas corpus was denied despite the fact that no grounds were given for the capture, that inviolability of the home

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