75
Belisario Hernández González in the custody of the court. In the case of the
armed forces, for a year they did not answer the request, which was
reiterated on June 23, 1999, and since no answer was forthcoming the case
was shelved until November 20, 2001. According to the accused, in his
statement before the Second Court of First Instance of Intibucá, he was
discharged from the armed forces on January 28, 1997 and he learned that
he was being investigated through the publication of rewards for his capture
in the daily newspapers in March 2002. This type of suspensions should only
be allowed for extremely grave causes,148 but not, as in the sub judice case,
due to not being able to locate the person allegedly responsible for the facts,
as the investigation should have been directed toward establishing the
responsibility of the other participants in the detention, torture, and extralegal execution of Juan Humberto Sánchez (supra 70.30); and
b)
no investigation was carried out regarding any other agent of the
State, but rather only regarding the person against whom the first arrest
warrant had been issued. even though he had been investigated and
acquitted in the internal jurisdiction of the armed forces. Likewise, due to the
detention, the conditions of the body and the prevailing pattern in the
country, it is reasonable to assume that several agents were involved in
violation of the rights of Juan Humberto Sánchez.
132. With respect to the behavior of the interested party, as the Court previously
pointed out regarding the phenomenon of extra-legal executions, the State’s answer
to the application cannot rest on the judicial activity of the next of kin of the alleged
victim, as the Supreme Court of Justice stated in 1997 when it affirmed that
“respecting the independence of the lower [c]ourts, it issue[d] no ruling with respect
to the case being discussed. Furthermore, the parties have access to the remedies
set forth in the law, to correct any irregularities that they deem [are] shown in the
aforementioned files.” In this type of situations, it is the obligation of the State to
conduct a serious and effective investigation, which in this case would involve the
elucidation of what happened to Juan Humberto Sánchez. Nevertheless, this Court
notes that the next of kin of the alleged victim rendered statements at various times
in the proceedings, in 1992, 1993, 1995 and 1998, because they were annulled by
the Second Court of First Instance of Intibucá for lack of some legal requirement
when they were taken by the Justice of the Peace of Colomoncagua, and they did so
despite the fact that they were being threatened by the military authorities to
discontinue their investigations (supra 70.13 and 70.14). In any case, regarding
extra-legal executions the authorities must act on their own motion and further their
investigation, and the burden of the initiative must not lie on the next of kin,149 as
the State affirmed in its allegations (supra 61.e and 116.c).
133. The preventive mechanisms established by the State must include effective
procedures to investigate, seriously and in depth, the circumstances in which a
violation of the right to life may have occurred.150 In this regard, Principle Four of the
United Nations “Principles on the Effective Prevention and Investigation of Extra148
The European Court of Human Rights deemed in the Baraona case that suspension of proceedings
in three different periods adding up to almost 2 years is unjustifiable, save in very exceptional
circumstances. Eur. Court H.R., Baraona judgment of 8 July 1987, supra note 146, para. 54 in fine.
Likewise, Eur. Court HR, Paccione v. Italy judgment of 27 April 1995, Series A no. 315-A, paras. 20-21.
149
Cf. Eur. Court H.R., Hugh Jordan, supra note 131, paras. 105 et seg.
150
Cf. Human Rights Committee, General Comment No. 6 (Sixteenth session, 1982), para. 4, supra
note 123.
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