17
in, supported or tolerated the human rights violations that involve the international
responsibility of the State for violation of the Convention.31
45.
As this Court has indicated in the specific case:32
185.
At the time of the [...] judgment, after more than ten years, those responsible
for the detention, torture, and extrajudicial execution of Juan Humberto Sánchez have
not yet been identified and punished, for which reason there is a situation of grave
impunity regarding the respective facts. This situation constitutes a violation of the
aforementioned duty of the State, it is injurious to the victim, to his next of kin and to
society as a whole, and it fosters chronic recidivism of those human rights violations.33
186.
It is therefore necessary, as the Court has set forth both in [the] judgment [...]
and in previous cases,34 for the State to conduct an effective investigation of the facts of
this case, to identify those responsible for them, both the direct perpetrators and those
who instigated them, as well as possible accessories after the fact, and to punish them
administratively and criminally as appropriate. The domestic proceedings involved must
address the violations of the right to life and of the right to humane treatment to which
this judgment refers. The next of kin of the victim must have full access and the
capacity to act, at all stages and levels of the said investigations, in accordance with
domestic laws and the provisions of the American Convention. The results of those
investigations must be made known to the public, for Honduran society to know the
truth.
46.
In relation to the arguments concerning attachment 1 to the application,
entitled “Informe Secreto”, in its judgment of June 7, 2003, and after the necessary
considerations,35 this Court decided to omit this document from the body of evidence
and, therefore, the measures proposed by the State to verify the authenticity of this
document are unnecessary. The Court also considered that there was sufficient
other evidence to confirm the facts, and this position is consistent with the broad
attributes with regard to probative material that Article 44 of its Rules of Procedure
grants the Court.
47.
The Court also considers, as it has in previous cases, that in proceedings to
determine human rights violations, the State’s defense cannot be based on the
impossibility of the petitioner to allege evidence when such evidence cannot be
obtained without the State’s cooperation, so that the parties and, in particular the
State, must provide the Court with all the necessary probative elements.36
31
Cf. The “Street Children” case (Villagrán Morales et al.), supra note 30, para. 75; the “White Van”
case (Paniagua Morales et al.), supra note 15, para. 91; and Blake case. Judgment of January 24, 1998.
Series C No. 36, paras. 76 to 78.
32
Juan Humberto Sánchez case, supra note 10, paras. 185 and 186.
33
Cf. Las Palmeras case, Reparations, supra note 13, para. 53.a); El Caracazo case, Reparations,
supra note 13, para. 117; and Trujillo Oroza case, Reparations, supra note 20, paras. 97, 101 and 112.
34
Cf. Las Palmeras case, Reparations, supra note 13, para. 66; El Caracazo case, Reparations,
supra note 13, para. 118; and Trujillo Oroza case, Reparations, supra note 20, para. 99.
35
Juan Humberto Sánchez case, supra note 10, paras. 47 to 50.
Cf. The case of the Mayagna (Sumo) Awas Tingni Community, supra note 20, para. 99; Baena
Ricardo et al. case, supra note 20, para. 81; Bámaca Velásquez case, supra note 15, para. 152; Cantoral
Benavides case, supra note 20, para. 55; Durand and Ugarte case, supra note 15, para. 51; the “Street
Children” case (Villagrán Morales et al.), supra note 30, para. 251; Neira Alegría et al. case. Judgment of
January 19, 1995. Series C No. 20, para. 65; Gangaram Panday case. Judgment of January 21, 1994.
Series C No. 16, para. 49; Godínez Cruz case, supra note 30, para. 141; and Velásquez Rodríguez case,
supra note 30, para. 135.
36
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos