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93.
Another lawyer, who also said that he defended political detainees and who testified on
Honduran law, stated that personnel of the Department of Special Investigations detained him a
broad daylight in Tegucigalpa on June 1, 1982, blindfolded him, took him to a place he was unable
to recognize and kept him without food or water for four days. He was beaten and insulted. He
said that he could see through the blindfold that he was in a military installation (testimony of
René Velásquez Díaz).
94.
The Government claimed that this witness made several false statements regarding the law
in force in Honduras and that his testimony "lacks truth or force because it is not impartial and his
interest is to discredit the State of Honduras."
95.
The Court received testimony which indicated that somewhere between 112 and 130
individuals were disappeared from 1981 and 1984. A former member of the Armed Forces
testified that, according to a list in the files of Battalion 316, the number might be 140 or 150
(testimony of Miguel Angel Pavón Salazar, Ramón Custodio López, Efraín Díaz Arrivillaga and
Florencio Caballero).
96.
The Court heard testimony from the President of the Committee for the Defense of Human
Rights in Honduras regarding the existence of a unit within the Armed Forces which carried out
disappearances. According to his testimony, in 1980 there was group called "the fourteen" under
the command of Major Adolfo Díaz, attached to the General Staff of the Armed Forces.
Subsequently, this group was replaced by "the ten," commanded by Capt. Alexander Hernández,
and finally by Battalion 316, a special operations group, with separate units trained in
surveillance, kidnapping, execution, telephone tapping, etc. The existence of this group had
always been denied until it was mentioned in a communiqué of the Armed Forces in September
1986 (testimony of Ramón Custodio López. See also the testimony of Florencio Caballero).
97.
Alexander Hernández, now a Lieutenant Colonel, denied having participated in the group
"the ten," having been a part of Battalion 316, or having had any type of contact with it
(testimony of Alexander Hernández).
98.
The current Director of Honduran Intelligence testified that he learned from the files of his
department that in 1984 an intelligence battalion called 316 was created, the purpose of which
was to provide combat intelligence to the 101st, 105th and 110th Brigades. He added that this
battalion initially functioned as a training unit, until the creation of the Intelligence School, to
which all its training functions were gradually transferred, and that the Battalion was finally
disbanded in September 1987. He stated that there was never any group called "the fourteen" or
"the ten" in the Armed Forces or security forces (testimony of Roberto Núñez Montes).
99.
According to testimony on the modus operandi of the practice of disappearances, the
kidnappers followed a pattern: they used automobiles with tinted glass (which requires a special
permit from the Traffic Division), without license plates or with false plates, and sometimes used
special disguises, such as wigs, false mustaches, masks, etc. The kidnappings were selective.
The victims were first placed under surveillance, then the kidnapping was planned. Microbuses or
vans were used. Some victims were taken from their homes; others were picked up in public
streets. On one occasion, when a patrol car intervened, the kidnappers identified themselves as
members of a special group of the Armed Forces and were permitted to leave with the victim
(testimony of Ramón Custodio López, Miguel Angel Pavón Salazar, Efraín Díaz Arrivillaga and
Florencio Caballero).
100. A former member of the Armed Forces, who said that he belonged to Battalion 316 (the
group charged with carrying out the kidnappings) and that he had participated in some
kidnappings, testified that the starting point was an order given by the chief of the unit to
investigate an individual and place him under surveillance. According to this witness, if a decision
was made to take further steps, the kidnapping was carried out by persons in civilian clothes