63
103. For the aforementioned reasons, the Court finds that the State violated Article
5(1) and 5(2) of the American Convention in combination with Article 1(1) of said
Convention, to the detriment of Juan Humberto Sánchez, as well as of the following
next of kin of the victim: María Dominga Sánchez (the mother); Juan José Vijil
Hernández (the stepfather); Julio Sánchez (brother); Reina Isabel Sánchez (sister);
María Milagro Sánchez (sister); Rosa Delia Sánchez (sister); Domitila Vijil Sánchez
(sister); María Florinda Vijil Sánchez (sister); Juan Carlos Vijil Sánchez (brother);
Celio Vijil Sánchez (brother); Donatila Argueta Sánchez (companion); Breidy Maybeli
Sánchez Argueta (daughter); Velvia Lastenia Argueta Pereira (companion) and
Norma Iveth Sánchez Argueta (daughter).
X
VIOLATION OF ARTICLE 4(1)
IN COMBINATION WITH ARTICLE 1(1)
(RIGHT TO LIFE)
Pleadings of the representatives of the alleged victim
104. The representatives of the victim also asked the Court to declare the violation
of Article 4 of the American Convention by the State to the detriment of Juan
Humberto Sánchez, and in this regard, they argued that:
a)
participation of State agents in the planning and execution of the
murder of Juan Humberto Sánchez, as well as subsequent obstruction and
denial of justice regarding the investigation and punishment of those
involved, make the State responsible for the violation of the right to life of
Juan Humberto Sánchez;
b)
the capture of Juan Humberto Sánchez was carried out in a violent and
arbitrary manner by State agents, and this was acknowledged by the State
itself in a letter sent by the Commander of the Tenth Infantry Battalion to his
commanding officers, regarding participation of agents of the Armed Forces in
the facts of the case. It was also corroborated by the modus operandi of the
persons involved in the detentions, the manner of execution of the alleged
victim, as well as the maneuvers to obstruct and harass his next of kin during
the investigations they carried out. Said actions “enable us to infer, in a wellfounded manner, that those participating in the kidnapping, torture, and
execution of Juan Humberto Sánchez were agents of the State [...];”
c)
participation and responsibility of the agents of the State in the death
of Juan Humberto Sánchez is clear and is set within the framework of a
pattern of disappearances, extra-legal executions and impunity by the armed
forces against alleged guerrilla fighters, which extended into the early
moments, encompassing the time of the events.
This pattern of
disappearances, executions and impunity in Honduras can be corroborated by
the information and the cases presented in the Report by the National Human
Rights Commissioner of Honduras and in the Report of the United Nations
Special Rapporteur on extra-legal, summary, and arbitrary executions. The
aim of the disappearances in Honduras, according to the report of the
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