7
6.
Law of Retirement and Pensions for Employees and Officials of the Executive
Branch.
7.
Law of the National Institute of Social Security for Teachers.
18.
In reference to information requested but not yet submitted, the Government stated on
June 13, 1989 that it
... has sent notes to various institutions and only a few have replied; nevertheless,
despite the difficulties, the documents we have requested will be sent opportunely
as they arrive.
Likewise, I also inform you that in regard to numbers 4, 5, and 6 of the note of the
Honorable Court, my Government believes it will be impossible to send certain
documents which are very personal, and, therefore, suggests that this information
should be presented by the Inter-American Commission or by the legal
representatives of the plaintiffs against the State of Honduras.
19.
Amici curiae pleadings were submitted by the Central American Association of Relatives
of the Detained-Disappeared (Asociación Centroamericana de Familiares de DetenidosDesaparecidos) and the following twelve jurist: Jean-Denis Archambault, Alejandro Artucio,
Alfredo Etcheberry, Gustavo Gallón Giraldo, Diego García Sayán, Alejandro M. Garro, Robert K.
Goldman, Jorge Mera, Denis Racicot, Joaquín Ruiz Giménez, Arturo Valencia Zea and Eugenio Raúl
Zaffaroni.
III
20.
In accordance with resolutory point number 6 of the judgment on the merits entered on
January 20, 1989, the Court must rule upon the form and amount of the compensatory damages
the Government is obligated to pay to the family of Saúl Godínez Cruz (Godínez Cruz Case,
supra 2).
IV
21.
The written and oral arguments made to the Court show substantial differences of opinion
insofar as the scope, bases and amount of the compensation. Some arguments refer to the need
to rely upon the internal law of Honduras, or part of it, in determining or paying the indemnity.
22.
Because of those disagreements and in order to implement the judgment on the merits of
January 20, 1989, the Court must now define the scope and content of the just compensation to
be paid by the Government to the family of Saúl Godínez Cruz.
23.
It is a principle of international law, which jurisprudence has considered "even a general
concept of law," that every violation of an international obligation which results in harm creates a
duty to make adequate reparation. Compensation, on the other hand, is the most usual way of
doing so (Factory at Chorzów, Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, No. 9, p.