25
d)
while it is true that a long time has passed since the start of the
domestic proceeding, this has been due to the “certain and unobjectionable”
fact that the accused in said proceeding, Ángel Belisario Hernández González,
has been at large from law enforcement, despite the fact that “as one can
logically assume, several persons may have intervened in Sánchez’s crime.”
This fact has not been dependent on the State, but rather on circumstances
beyond the control of the courts in Honduras. There is no indication in the
case file before the Second Departmental Court of First Instance of Intibucá
or in the file before the Inter-American Court, that the long duration of the
proceeding has been the responsibility of the State;
e)
there are within the domestic system “the various domestic remedies
set forth in the [Criminal Procedural Code, i.e.] reconsideration and appeal,
including if appropriate the extraordinary cassation remedy for dismissal;
there are also other remedies available regarding amparo guarantees,
constitutional motions, and application for review.” Pursuant to said Code, the
aggrieved party can also resort to civil action and criminal action, as in the
Honduran State “[p]ublic [c]riminal action is not the monopoly of the Public
Prosecutor’s Office,” and therefore the aggrieved party can appear in the
criminal trial being heard by the Second Departmental Court of First Instance
of Intibucá and intervene in the course of the proceeding. The next of kin of
the alleged victim have had the opportunity to appear in the domestic
proceeding, which is still open, yet they have not done so. At no time have
they been denied access to any level of jurisdiction;
f)
Ángel Belisario Hernández González was captured as the alleged
perpetrator of the murder of Juan Humberto Sánchez, and while the former
studied at a Honduran university, said studies were through distance
education, which means that there has been no direct attendance or presence
at the school where Ángel Belisario Hernández González supposedly studies;
and
g)
that Ángel Belisario Hernández González is being tried for the same
facts that are being debated before the Inter-American Court, which means
that there are two parallel proceedings, one domestic and the other
international. The testimony of the accused may provide new elements in the
investigation which it is necessary to address so as to clarify the facts and
punish those responsible, and only then can it be said that the evidentiary
proceedings have been completed.
Pleadings of the Commission
62.
With respect to the preliminary objection raised by the State, the InterAmerican Commission asked the Court to reject each of its arguments for the
following reasons:
a)
the purpose of the rule regarding domestic remedies is to offer the
State an opportunity to remedy the alleged violation before the interAmerican system decides on the merits of the case; and in this case, “the
reinforcing and complementary nature of the inter-American system [...] is in
effect because the domestic jurisdiction has not been capable of remedying
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