25
the Court, even if he has an interest in that proceeding, because he has been
prosecuted or even convicted under internal laws.
152. Many of the press clippings offered by the Commission cannot be considered as
documentary evidence as such. However, many of them contain public and well-known facts
which, as such, do not require proof; others are of evidentiary value, as has been recognized in
international jurisprudence (Military and Paramilitary Activities in and against Nicaragua,
supra 133, paras. 62-64), insofar as they textually reproduce public statements, especially those
of high-ranking members of the Armed Forces, of the Government, or even of the Supreme Court
of Honduras, such as some of those made by the President of the latter. Finally, others are
important as a whole insofar as they corroborate testimony regarding the responsibility of the
Honduran military and police for disappearances.
IX
153. The Court now turns to the relevant facts that it finds to have been proven. They are as
follows:
ON THE PRACTICE OF DISAPPEARANCES
a.
During the period 1981 to 1984, 100 to 150 persons disappeared in the
Republic of Honduras, and many were never heard from again (testimony of
Miguel Angel Pavón Salazar, Ramón Custodio López, Efraín Díaz Arrivillaga,
Florencio Caballero and press clippings).
b.
Those disappearances followed a similar pattern. The victims were first
followed and kept under surveillance and then kidnapped by force, often in broad
daylight and in public places, by armed men in civilian clothes and disguises, who
acted with apparent impunity and who used vehicles without any official
identification, with tinted windows and with false license plates or no plates
(testimony of Miguel Angel Pavón Salazar, Ramón Custodio López, Efraín Díaz
Arrivillaga, Florencio Caballero and press clippings).
c.
It was public and notorious knowledge in Honduras that the kidnappings
were carried out by military personnel or the police, or persons acting under their
orders (testimony of Miguel Angel Pavón Salazar, Ramón Custodio López, Efraín
Díaz Arrivillaga, Florencio Caballero and press clippings).
d.
The disappearances were carried out in a systematic manner, regarding
which the Court considers the following circumstances particularly relevant:
i.
The victims were usually persons whom Honduran officials
considered dangerous to State security (testimony of Miguel Angel Pavón
Salazar, Ramón Custodio López, Efraín Díaz Arrivillaga, Florencio
Caballero, Virgilio Carías, Milton Jiménez Puerto, René Velásquez Díaz,
Inés Consuelo Murillo, José Gonzalo Flores Trejo, Zenaida Velásquez, César
Augusto Murillo and press clippings). In addition, the victims had usually
been under surveillance for long period of time (testimony of Ramón
Custodio López and Florencio Caballero);