8
4.
To request the Honduran Bar Association to explain the legal procedure for
exhumation in that country and to give its opinion on the right of a foreigner to
request an exhumation.
B.
Testimony
1.
To call as a witness Mr. Francisco Fairén Almengor (the father of Francisco
Fairén Garbi).
2.
To call the following Guatemalan citizens as witnesses: Jorge Solares
Zavala, Mario Méndez Ruiz, Mario Ramírez and Fernando A. López Santizo
(Immigration officials).
3.
To call as witnesses, Marco Tulio Regalado and Alexander Hernández,
members of the Armed Forces of Honduras.
C.
To Reiterate a Request:
1.
To the Government of Honduras regarding the location of the body found
at (the place known as) La Montañita.
31.
By the same Order, the Court set December 15, 1987 as the deadline for the submission of
documentary evidence and decided to hear the oral testimony at its January 1988 session.
32.
In response to that Order, on December 14, 1987 the Government: a) with respect to the
organizational structure of Battalion 316, requested that the Court receive the testimony of its
Commandant in a closed hearing "because of strict security reasons of the State of Honduras" and
b) requested that the Court hear the testimony of Alexander Hernández and Marco Tulio Regalado
"in the Republic of Honduras, in a manner to be decided by the Court and in a closed hearing to
be set at an opportune time because of security reasons and because both persons are on active
duty in the Armed Forces of Honduras." Likewise, on December 22, 1987, it submitted the
opinion requested of the Honduras Bar Association (infra, 55).
33.
By note of December 24, 1987, the Commission objected to hearing the testimony of
members of the Honduran military in closed session. This position was reiterated by note of
January 11, 1988.
34.
On the latter date, the Court decided to receive the testimony of the members of the
Honduran military at a closed hearing at the seat of the Court in the presence of the parties.
35.
Pursuant to its Order of October 7, 1987 and its decision of January 11, 1988, the Court in
an audience of January 19, 1988 heard the testimony of Francisco Fairén Almengor. The following
Guatemalan witnesses did not appear: Israel Morales Chinchilla (summoned to testify by
Resolution of January 11, 1988), Jorge Solares Zavala, Mario Méndez Ruiz, Mario Ramírez and
Fernando A. López Santizo (summoned to testify by Decision of October 7, 1987). According to
the Commission, those witnesses could not be found, except for Mr. López Santizo, who on
October 2, 1987, sent the Court a statement on his role in this case as Assistant Director of
Immigration of Guatemala.
36.
The Court also held a closed hearing on January 20, 1988 in San José, to which both
parties attended, at which it received the testimony of persons who identified themselves as
Lieutenant Colonel Alexander Hernández and Lieutenant Marco Tulio Regalado Hernández. The
Court also heard the testimony of Colonel Roberto Núñez Montes, Head of the Intelligence
Services of Honduras.