64
National Commissioner, was to seek information and to execute subversive
Hondurans or supporters of the guerrilla force in Nicaragua and El Salvador;
d)
the death of Juan Humberto Sánchez, set within the framework of the
human rights violations at the time, corroborates the following circumstances:
a)
that his murder by agents of the armed forces of the State was political in
nature and motivated by his alleged activities with the guerrilla fighters; b)
planning, surveillance and execution of the alleged victim occurred by orders
of authorities of the armed forces; and c) the lack of investigation was
tolerated by the State, and the judicial proceedings that were attempted were
processed in an obviously slow and disinterested manner, and some of them
were ultimately dismissed;
e)
Article 4 of the American Convention, in combination with Article 1(1)
of that Convention, imposes a positive obligation on the States to adopt all
appropriate measures to protect and preserve the right to life and to
investigate and punish violations to it; however, in the instant case the State
has not fulfilled this obligation of conducting a serious and impartial
investigation, because the necessary steps were not taken in the preliminary
proceedings, evidence was omitted, key testimony for the investigation was
not taken, and the body of the alleged victim was buried immediately after it
was found without taking photographs or a video to document the finding;
and
f)
the State did not take the necessary measures at the time to put an
end to the practice of forced disappearances, extra-legal executions and
impunity that seriously endangered the lives of the persons who were under
its jurisdiction.
Pleadings of the Commission
105. The Commission asked the Court to declare that the State is responsible for
the violation of Article 4 of the American Convention to the detriment of Juan
Humberto Sánchez, because:
a)
State agents deliberately planned and carried out the arbitrary
detention of Juan Humberto Sánchez on July 11, 1992, and that was the last
time that he was seen alive. Several elements allow us to infer participation
of agents of the State in the execution of Juan Humberto Sánchez, such as
accusations regarding ties to the Salvadoran guerrilla forces and his
participation in hiding weapons; prior detention of Juan Humberto Sánchez by
the military on July 10, 1992; threats made by military officers against Mr.
Sánchez and his father when the former was released on the morning of July
11, 1992; his recapture by members of the intelligence unit of the army; and
the state in which the corpse was found, with the hands tied by the same
rope that bound his neck, and a shot in the forehead with an exit orifice at
the base of the skull;
b)
after more than eight years of the summary execution of Juan
Humberto Sánchez, the responsibility of the perpetrators of his death has not
been elucidated; and
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