70
of Physical and Moral Integrity of Children, and d) the Special Unit for the
Investigation of the Deaths of Children and the Public Human Rights Prosecutors’
Office, as the organization in charge of investigating and punishing the violations of
human rights of children and teenagers.
189. This Tribunal observes that the State has specialized organizations to attend
to the problems through which this group of the Honduran population is going
through. However, as has been stated by the representatives and the Commission,
the creation of said institutions has not represented measures that are sufficient or
efficient in counteracting the extrajudicial killings of the youngsters in Honduras, or
in guaranteeing the rights of children and youngsters.
190. In the opinion of this Court, it is necessary that all institutions created to
prevent and sanction the violations of human rights against children and youngsters
be fully effective in their performance. The stipulations of the domestic legislation
and, in this case, the institutions created to guarantee the human rights of children
and youngsters, have to be effective, which means that the State must adopt all the
measures necessary so that the stipulations of the Convention are really complied
with.111
191. Therefore, the State must provide the institutions with suitable personnel
trained for the investigation of extrajudicial killings and of the adequate recourses so
they may fully comply with their mandate. For the investigation of extrajudicial
killings the international norms on the documentation and interpretation of the
forensic elements of evidence must be taken into consideration with regard to the
commission of acts of torture, and especially those defined in the Manual of the
United Nations on the Prevention and Efficient Investigation of Extralegal, Arbitrary,
and Summary Killings.112
a)
Obligation to investigate the facts that caused the violations of the present
case, and identify, prosecute, and sanction those responsible
192. The Court has defined impunity as an offense within the obligation to
investigation, persecute, capture, prosecute, and sentence those responsible for the
violations of the rights protected by the American Convention.113 The State is obliged
to fight this situation through all means available, since it promotes the chronicle
repetition of violations to human rights and the total defenselessness of the victims
and their next of kin.114
111
Cfr. Case of Montero Aranguren et al., supra note 12, para. 64; Case of the Ituango Massacres,
supra note 3, para. 129; and Case of Baldeón García, supra note 3, para. 83.
112
Cfr. Case of Montero Aranguren et al., supra note 12, para. 140; Case of the Moiwana
Community. Judgment of June 15, 2005. Series C No. 124, para. 208; and Manual of the United Nations
on the Prevention and Efficient Investigation of Extralegal, Arbitrary, and Summary Killings.
E/ST/CSDHA/.12 (1991).
113
Cfr. Case of Montero Aranguren et al., supra note 12, para. 137; Case of Baldeón García, supra
note 3, para. 195; and Case of Blanco Romero. Judgment of November 28, 2005. Series C No. 138, para.
94.
114
Cfr. Case of Montero Aranguren et al., supra note 12, para. 137; Case of Baldeón García, supra
note 3, para. 195; and Case of the Pueblo Bello Massacre, supra note 7, para. 266.