13
The Special Unit for the Investigation of the Deaths of Minors must investigate all the
cases of deaths of people under the age of 21 that have characteristics of patterns
considered as executions. The team is in charge of around 1,016 files assigned to
homicides, among which an average of 186 have been forwarded to the Prosecutors
of the Public Prosecutors’ Office.
Monthly reports with the results of the investigative activities are given to the
Interinstitutional Commission for the Protection of Children, which is the governing
body of the Special Unit. Through cooperation with non-governmental institutions
some type of witness protection to deponents or personnel who becomes aware of
violent acts has been established. Likewise, transparent mechanisms of information
regarding the investigative activities carried out have been established.
C) EVIDENCE ASSESSMENT
Assessment of Documentary Evidence
38.
In this case, as in others,6 the Tribunal admits the probative value of the
documents presented in a timely fashion by the parties, or requested as evidence to
facilitate adjudication of the case pursuant to Article 45 of its Rules of Procedure,
that were not disputed or objected, and whose authenticity was not questioned.
39.
The Court adds to the body of evidence, pursuant to Article 45(1) of the Rules
of Procedure and because it considers that they are useful in the issuing of a ruling in
this case, the documents provided by the representatives as appendixes to their final
written arguments (supra para. 25), and the documents provided by the expert
witness Leo Valladares Lanza as appendixes to his expert opinion (supra para. 22).
40.
In application of that stated in Article 45(1) of the Rules of Procedure, the
Court included in the body of evidence of the case the documents presented by the
representatives, which correspond to part of the documents requested by the
Tribunal as evidence to facilitate adjudication of the case (supra paras. 29 and 31).
The State also presented part of the evidence requested to facilitate adjudication of
the case (supra para. 29).
41.
The Court adds the following documents, which were not presented by the
representatives in the corresponding procedural moment, to the body of evidence, in
application of Article 45(1) of the Rules of Procedures since it considers them useful
for the resolution of this case, specifically: part of the domestic judicial dossier that
corresponds to folios 502 through 569; official letter of the Criminal Court of First
Instance of the Judicial Section of Tegucigalpa, Department of Francisco Morazán,
addressed to the President of the Supreme Court of Justice of Honduras, dated May
26, 2006; birth certificate of Diomedes Tito Casildo García, No. 0201-1940-00277,
issued by the National Registry of Persons, Civil Municipal Registry, on June 19,
2006; birth certificate of Andrea Sánchez Loredo, No. 0201-1935-00149, issued by
the National Registry of Persons, Civil Municipal Registry, on June 19, 2006; death
certificate of Andrea Sánchez Loredo, No. 0107-1985-00206, issued by the National
Registry of Persons, Civil Municipal Registry on June 20, 2006; birth certificate of
6
Cfr. Case of Ximenes Lopes, supra note 3, para. 48; Case of the Ituango Massacres, supra note 3,
para. 112; and Case of Baldeón García, supra note 3, para. 65.