21
c.
In no case between 1981 and 1984 did a writ of habeas corpus on behalf
of a disappeared person prove effective. If some individuals did reappear, this
was not the result of such a legal remedy (testimony of Miguel Angel Pavón
Salazar, Inés Consuelo Murillo, César Augusto Murillo, Milton Jiménez Puerto,
René Velásquez Díaz and Virgilio Carías).
VI
125. The testimony and documentary evidence, corroborated by press clippings, presented by
the Commission, tend to show:
a.
That there existed in Honduras from 1981 to 1984 a systematic and
selective practice of disappearances, carried out with the assistance or tolerance
of the government;
b.
That Saúl Godínez was victim of that practice and was kidnapped and
presumably tortured, executed and clandestinely buried by agents of the Armed
Forces of Honduras, and
c.
That in the period in which those acts occurred, the legal remedies
available in Honduras were not appropriate or effective to guarantee his rights to
life, liberty and personal integrity.
126. The Government, in turn, submitted documents and based its argument on the testimony
of three members of the Honduran Armed Forces, two of whom were summoned by the Court
because they had been identified in the proceedings as directly involved in the general practice
referred to. This evidence may be summarized as follows:
a.
The testimony purports to explain the organization and functioning of the
security forces accused of carrying out the specific acts and denies any knowledge
of or personal involvement in the acts of the officers who testified;
b.
Some documents purport to show that no civil suit had been brought to
establish a presumption of the death of Saúl Godínez, and
c.
Other documents purport to prove that the Supreme Court of Honduras
received and acted upon some writs of habeas corpus and that some of those
writs resulted in the release of the persons on whose behalf they were brought.
127. The record contains no other direct evidence, such as expert opinion, inspections or
reports.
VII