29
after the event he saw the several times together in the white double-cab [T]oyota”;
therefore “the Prosecutor’s Office [was requested] to issue a warrant of arrest against
sergeant Ismael Perdomo[, since] he appears to be the person who planned the murder.”113
94.
Furthermore, in its technical-legal report, the Attorney General’s Office found that
“sergeant Perdomo arrives immediately at the crime scene since, according to him, the
police squad was covering a fake report on robbery of one of the banks of the city of Tela.
This situation was challenged by the representatives of the banks in that city, who told the
agents that on that day no robbery had been attempted at any bank branch.”114 Also, “the
team established that from February 3 to 4, 1995, i.e. 3 days before the murder, a person
named Mario Pineda, also known as Chapín ((identified as a former member of a death
squad known as Mano Blanca, and allegedly protected by Coronel Amaya), and Coronel
Mario Amaya, met at the offices of the Police in Tela, with sergeant Ismael Perdomo.”115
95.
However, the Court has held that the use of circumstantial evidence, indication and
assumptions to support the judgment as legitimate, “provided they can be used to infer
consistent conclusions about the facts.”116 In that regard, the Court has held that the
plaintiff should, in principle, undertake the burden of proof regarding the facts connected
with its arguments; however, the Court has highlighted that, as opposed to domestic
criminal law, in proceedings for violations of human rights, the defense of the State may not
lie on the impossibility of the plaintiff to produce evidence, when it is the State that has
control of the means to clarify the events occurred within its territory.117
96.
It is clear that, in the instant case, which involves the violent death of a person, the
investigation initiated was to be carried out in a manner such that it could guarantee the
due analysis of the responsibility hypothesis thus arrived at, particularly those which lead to
suspect the participation of State agents.118 Honduras has not advised this Court of any
progress in the investigation carried out by the State authorities which may disprove the
indications pointing to the involvement of State agents in the murder of Mrs. KawasFernández. The Court notes that, on the contrary, the defense of the State is supported in
the lack of diligence in a judicial proceeding to clearly assess criminal responsibility for the
death of Mrs. Blanca Jeannette Kawas-Fernández, which lack of diligence can only be
attributed to its own judicial authorities (infra para. 114).
113
Cf. Investigation report by the General Bureau of Criminal Investigations of October 30, 2003, signed by
Daniel Barahona, supra nota 31.
114
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31.
115
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31.
116
Cf. Case of Velásquez-Rodríguez. Merits, supra note 17, para. 130; Case of Ríos et al. Preliminary
Objections, Merits, Reparations and Costs, supra note 10, para. 101; and Case of Perozo et al. Preliminary
Objections, Merits, Reparations and Costs, supra note 10, para. 112.
117
Cf. Case of Velásquez-Rodríguez. Merits, supra note 17, para. 135; Case of Yatama V. Nicaragua.
Preliminary Objections, Merits, Reparations and Costs. Judgment of June 23, 2005. Series C No. 127, para 134;
and Case of Ríos et al. Preliminary Objections, Merits, Reparations and Costs, supra note 10, para. 198.
118
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31.
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