55
observance of a fair trial. The investigation that is currently being carried out could
leave the possible responsible parties of the facts in impunity.
154. The Court warns that the State has the obligation to fight impunity by all
available legal means, since it promotes the chronicle repetition of violations to
human rights and the complete defenselessness of the victims and their next of
kin.93 That obligation to fight impunity is emphasized when dealing with violations
whose victims are children. The impunity in the present case is verified by the State
itself who, in its “Report of the Advances in the legal and investigative procedures of
deaths in children and youngsters in Honduras, of August 25, 1003” stated that “up
to now, those responsible for the majority of those crimes[, murders of children
under the age of 18,] have not been apprehended.”
*
*
*
155. The Tribunal considers that the State is responsible for the violation of the
rights enshrined in Articles 8(1), 8(2), 7(6), and 25(1) of the American Convention,
in relation to Article 1(1) of that treaty, in detriment of Marco Antonio Servellón
García, Rony Alexis Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed
García Sánchez.
156. The Court concludes that the criminal process has not been an effective
recourse to guarantee access to justice, the determination of the truth of the facts,
the investigation, and, in its case, the punishment of those responsible and the
reparation of the consequences of the violations. Therefore, the State is responsible
for the violation of Articles 8(1) and 25(1) of the Convention in relation to Article
1(1) of that instrument, in detriment of the next of kin of Marco Antonio Servellón
García, Reyes Servellón Santos, father, Bricelda Aide García Lobo, mother, and Marja
Ibeth Castro García, Pablo Servellón García, and Héctor Vicente Castro García,
siblings; of the next of kin of Rony Alexis Betancourth Vásquez, Manases
Betancourth Núñez, father, Hilda Estebana Hernández López, mother, Zara Beatris
Bustillo Rivera, daughter, Ana Luisa Vargas Soto, partner, and Juan Carlos
Betancourth Hernández, Manaces Betancourt Aguilar, Emma Aracely Betancourth
Aguilar, Enma Aracely Betancourth Abarca, and Lilian María Betancourt Álvarez,
siblings; of the next of kin of Orlando Álvarez Ríos, Antonia Ríos, mother, and Dilcia
Álvarez Ríos, sister, and of the next of kin of Diomedes Obed García Sánchez,
Diomedes Tito García Casildo, father, and Esther Patricia García Sánchez, Jorge
Moisés García Sánchez, and Fidelia Sarahí García Sánchez, siblings.
*
*
*
157. In what refers to the next of kin of Diomedes Obed García Sánchez it should
be mentioned that they were not identified in the application presented by the
Commission. His parents, Messrs. Diomedes Tito García Casildo and Andrea Sánchez
Loredo, were included in the list of next of kin presented by the representatives in
their brief of pleadings and motions. On June 14th and July 24th, 2006 the
representatives indicated to the Tribunal that “after ten years of a difficult search”
93
Cfr. Case of Montero Aranguren et al., supra note 12, para. 137; Case of the Ituango Massacres,
supra note 3, para. 299; and Case of Baldeón García, supra note 3, para. 168.