53
having been interrogated regarding the alleged participation of his son in
subversive groups. Mr. Vijil’s detention continued until July 30, 1992, the
date on which he was released. During his detention, he was interrogated by
various members of the armed forces at the Chiefs of Staff, and then he
rendered a statement before the Office of the Attorney General, where an
attempt was made to invalidate said statement. Said detention was arbitrary,
as there was no arrest warrant, nor any cause for Mr. Vijil to be detained,
violating his rights to liberty and to personal safety.
Pleadings of the Commission
72.
The Commission argued that the State violated the right to personal liberty
protected by Article 7 of the American Convention, to the detriment of Juan
Humberto Sánchez, because:
a)
Juan Humberto Sánchez was captured on July 11, 1992, and remained
under detention by the army, in a clandestine manner, at the detachment
post in La Concepción, where he was interrogated by a specialized intelligence
group known as “Tucán;”
b)
while at the time of the facts, Article 273 of the Constitution in force in
Honduras allowed detentions by the police, which was part of the armed
forces, this did not mean that they were authorized to carry out arbitrary
detentions, incompatible with the rights enshrined in the American
Convention; and
c)
the capture of Juan Humberto Sánchez constituted a clear act of
misuse of power, as it was not conducted with the aim of bringing him before
a judge or other official authorized by law to perform judicial functions and to
decide, forthwith, on the legality of his arrest or detention and order that he
be released if the arrest or detention had been illegal, pursuant to Article 7(6)
of the Convention. Instead, it was carried out during the night, resorting to
violence, with no identification, without providing any explanation of the
reasons for the detention, and with the obvious intention of secretly keeping
the alleged victim under detention, interrogating him under torture, and then
executing him. On the contrary, the State should have ensured to the
detainee the rights set forth in the American Convention and submitted him
to a legal proceeding.
Pleadings of the State
73.
The State acknowledged its responsibility regarding the first detention of Juan
Humberto Sánchez by agents of the State, establishing that:
on July 10, 1992, in the village of Santo Domingo, Municipality of Colomoncagua,
Department of Intibucá , Honduras, approximately at 9:00 p.m.[,] he was summoned by
a competent authority to render his statement, in view of a complaint that he was
allegedly the perpetrator of criminal acts; he rendered this statement on the night of July
10, 1992 at the Detachment of the Tenth Infantry Battalion; on July 11, 1992, at 10:00
a.m., he left said detachment post with his stepfather, due to lack of evidence of the
allegations against him.
74.
With respect to the detention of Juan Humberto Sánchez on July 11,
1992, the State denied that he was detained by agents of the State, as there
is evidence in the proceeding being tried before the Second Court of First
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