74
into account to establish whether reasonable time has been breached are found, i.e.
those regarding the complexity of the case, behavior of the authorities, and behavior
of the interested party.145
130. As regards the complexity of the case, first of all we should underline that the
Court has corroborated that the sub judice case is a proceeding before the Justice of
the Peace of Colomoncagua and the Second Court of First Instance of Intibucá that
began on July 22, 1992, and in January 2003 it was in the stage of preliminary
proceedings (supra 70.21 and 70.34). In other words, after more than ten years,
despite the fact that according to the statements of witness Leonel Casco and expert
opinion Héctor Fortín, this stage should not last more than three months according
to domestic legislation. The files supplied in this case show that testimony was
received from various witnesses, including the next of kin, in 1992, 1993, 1995 and
1998 (supra 70.23, 70.24 and 70.26). In other words, the judicial authority received
various evidence for approximately 6 years, with the aim of identifying those
allegedly responsible for the murder of Juan Humberto Sánchez. Even if this were a
complex case regarding the merits, the domestic courts must act with due diligence
to decide on hearing of the case.146 In the case under discussion, there has been no
complexity; instead, the judicial authorities have incurred unnecessary delays, as
evidence was received from 1992 to 1998, with some protracted periods of inactivity
(between 1993 and 1994, and in 1997). The commitment order against Ángel
Belisario Hernández González was issued in October, 1998, and the proceeding was
suspended from July 1, 1999 to November, 2001, because the accused had not been
captured and Honduran legislation provided that the file should be shelved until the
accused was captured. As of February, 2002, there were arrest warrants against
Ángel Belisario Hernández González, and he was captured on January 17, 2003,
despite the fact that he appeared in the proceeding by means of a legal
representative in April, 2002 (supra 70.33 and 70.34).
131. With respect to the behavior of the authorities, first of all we must underline
that actions or omissions that abridge fundamental rights may be committed by any
public authority, whether the Executive, the Legislative, or the Judiciary, as has been
established in the case law of this Court.147 Due to the above, in the sub judice case
regarding the period from 1992 to 2001 it is necessary to weigh not only what
occurred in the proceeding before the Justice of the Peace of Colomoncagua and the
Second Court of First Instance of Intibucá, but all processes or procedures that in
one way or another had a bearing on this case and make it possible to glimpse the
behavior of the public authorities:
a)
it should be underlined that while the respective courts did not know
the address of the possible accused since March 16, 1995, they did not make
efforts to locate said person despite knowing that he was an agent of the
State, until September 29, 1998, the date on which the Second Court of First
Instance of Intibucá asked the director of the oversight board of the national
police and the general commander of the armed forces to place Ángel
145
Cf. Hilaire, Constantine and Benjamin et al. Case, supra note 4, para. 143; Case of the
Constitutional Court. Judgment of January 31, 2001. Series C No. 71, para. 93; and Case of the “White
Van” (Paniagua Morales et al.), supra note 109, para. 152.
146
Cf. Eur. Court H.R., Baraona judgment of 8 July 1987, Series A no. 122, para. 50.
147
Cf. “Five Pensioners” Case, supra note 3, para. 163; Case of the Mayagna (Sumo) Awas Tingni
Community, supra note 3, para. 154; Ivcher Bronstein Case, supra note 136, para. 168; and Baena
Ricardo et al. Case. Judgment of February 2, 2001. Series C No. 72, para. 178.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos