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g.
The kidnapping and disappearance of Manfredo Velásquez falls within the
systematic practice of disappearances referred to by the facts deemed proved in
paragraphs a-d. To wit:
i.
Manfredo Velásquez was a student who was involved in activities
the authorities considered "dangerous" to national security (testimony of
Miguel Angel Pavón Salazar, Ramón Custodio López and Zenaida
Velásquez).
ii.
The kidnapping of Manfredo Velásquez was carried out in broad
daylight by men in civilian clothes who used a vehicle without license
plates.
iii.
In the case of Manfredo Velásquez, there were the same type of
denials by his captors and the Armed Forces, the same omissions of the
latter and of the Government in investigating and revealing his
whereabouts, and the same ineffectiveness of the courts where three writs
of habeas corpus and two criminal complaints were brought (testimony of
Miguel Angel Pavón Salazar, Ramón Custodio López, Zenaida Velásquez,
press clippings and documentary evidence).
h.
There is no evidence in the record that Manfredo Velásquez had
disappeared in order to join subversive groups, other than a letter from the
Mayor of Langue, which contained rumors to that effect. The letter itself shows
that the Government associated him with activities it considered a threat to
national security.
However, the Government did not corroborate the view
expressed in the letter with any other evidence. Nor is there any evidence that
he was kidnapped by common criminals or other persons unrelated to the
practice of disappearances existing at that time.
148. Based upon the above, the Court finds that the following facts have been proven in this
proceeding: (1) a practice of disappearances carried out or tolerated by Honduran officials existed
between 1981 and 1984; (2) Manfredo Velásquez disappeared at the hands of or with the
acquiescence of those officials within the framework of that practice; and (3) the Government of
Honduras failed to guarantee the human rights affected by that practice.
X
149. Disappearances are not new in the history of human rights violations. However, their
systematic and repeated nature and their use not only for causing certain individuals to disappear,
either briefly or permanently, but also as a means of creating a general state of anguish,
insecurity and fear, is a recent phenomenon. Although this practice exists virtually worldwide, it
has occurred with exceptional intensity in Latin American in the last few years.
150. The phenomenon of disappearances is a complex form of human rights violation that must
be understood and confronted in an integral fashion.
151. The establishment of a Working Group on Enforced or Involuntary Disappearances of the
United Nations Commission on Human Rights, by Resolution 20 (XXXVI) of February 29, 1980, is
a clear demonstration of general censure and repudiation of the practice of disappearances, which