28
155. The Court must emphasize in this respect that, in cases of forced disappearances of human
beings, circumstantial evidence on which a judicial presumption is base is especially valid (supra
136-137). This is evidence which is used in every judicial system and which may be the only
means available, when human rights violations imply the use of State power for the destruction of
direct evidence in a attempt at total impunity or the crystalization of some sort of perfect crime,
to meet the object and purpose of the American Convention and permit the Court to carry out
effectively the functions that the Convention assigns it.
156. Based upon the above, the Court finds that the following facts have been proven in this
proceeding: (1) a practice of disappearances carried out or tolerated by Honduran officials existed
between 1981 and 1984; (2) the circumstances surrounding the disappearance of Saúl Godínez
coincide with those of that practice; and (3) the Government of Honduras failed to guarantee the
human rights affected by that practice.
X
157. Disappearances are not new in the history of human rights violations. However, their
systematic and repeated nature and their use not only for causing certain individuals to disappear,
either briefly or permanently, but also as a means of creating a general state of anguish,
insecurity and fear, is a recent phenomenon. Although this practice exists virtually worldwide, it
has occurred with exceptional intensity in Latin America in the last few years.
158. The phenomenon of disappearances is a complex form of human rights violation that must
be understood and confronted in an integral fashion.
159. The establishment of a Working Group on Enforced or Involuntary Disappearances of the
United Nations Commission on Human Rights, by Resolution 20 (XXXVI) of February 29, 1980, is
a clear demonstration of general censure and repudiation of the practice of disappearances, which
had already received world attention at the UN General Assembly (Resolution 33/173 of December
20, 1978), the Economic and Social Council (Resolution 1979/38 of May 10, 1979) and the
Subcommission for the Prevention of Discrimination and Protection of Minorities (Resolution 5B
(XXXII) of September 5, 1979). The reports of the rapporteurs or special envoys of the
Commission on Human Rights show concern that the practice of disappearances be stopped, the
victims reappear and that those responsible be punished.
160. Within the inter-American system, the General Assembly of the Organization of American
States (OAS) and the Commission have repeatedly referred to the practice of disappearances and
have urged that disappearances be investigated and that the practice be stopped (AG/RES. 443
(IX-0/79) of October 31, 1979; AG/RES.510 (X-0/80) of November 27, 1980; AG/RES. 618 (XII0/82) of November 20, 1982; AG/RES. 666 (XIII-0/83) of November 18, 1983; AG/RES. 742
(XVI-0/84) of November 17, 1984 and AG/RES. 890 (XVII-0/87) of November 14, 1987; InterAmerican Commission on Human Rights: Annual Report 1978, pp. 24-27; Annual Report, 19801981, pp. 113-114; Annual Report, 1982-1983, pp. 46-67; Annual Report, 1985-1986, pp. 3740; Annual Report, 1986-1987, pp. 277-284 and in many of its Country Reports, such as
OEA/Ser. L/V/II.49, doc. 19, 1980 (Argentina); OEA/Ser. L/V/II.66, doc. 17, 1985 (Chile) and
OEA/Ser. L/V/II.66, doc. 16, 1985 (Guatemala)).
161. International practice and doctrine have often categorized disappearances as a crime
against humanity, although there is no treaty in force which is applicable to the States Parties to
the Convention and which uses this terminology (Inter-American Yearbook on Human Rights,
1985, pp. 368, 686 and 1102). The General Assembly of the OAS has resolved that it "is an