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disappearances nor a determination of whether Manfredo Velásquez had been a victim of that
practice.
The Commission's requests for information were ignored to the point that the
Commission had to presume, under Article 42 of its Regulations, that the allegations were true.
The offer of an investigation in accord with Resolution 30/83 of the Commission resulted in an
investigation by the Armed Forces, the same body accused of direct responsibility for the
disappearances. This raises grave questions regarding the seriousness of the investigation. The
Government often resorted to asking relatives of the victims to present conclusive proof of their
allegations even though those allegations, because they involved crimes against the person,
should have been investigated on the Government's own initiative in fulfillment of the State's duty
to ensure public order. This is especially true when the allegations refer to a practice carried out
within the Armed Forces, which, because of its nature, is not subject to private investigations. No
proceeding was initiated to establish responsibility for the disappearance of Manfredo Velásquez
and apply punishment under internal law. All of the above leads to the conclusion that the
Honduran authorities did not take effective action to ensure respect for human rights within the
jurisdiction of that State as required by Article 1 (1) of the Convention.
181. The duty to investigate facts of this type continues as long as there is uncertainty about
the fate of the person who has disappeared. Even in the hypothetical case that those individually
responsible for crimes of this type cannot be legally punished under certain circumstances, the
State is obligated to use the means at its disposal to inform the relatives of the fate of the victims
and, if they have been killed, the location of their remains.
182. The Court is convinced, and has so found, that the disappearance of Manfredo Velásquez
was carried out by agents who acted under cover of public authority. However, even had that fact
not been proven, the failure of the State apparatus to act, which is clearly proven, is a failure on
the part of Honduras to fulfill the duties it assumed under Article 1 (1) of the Convention, which
obligated it to ensure Manfredo Velásquez the free and full exercise of his human rights.
183. The Court notes that the legal order of Honduras does not authorize such acts and that
internal law defines them as crimes. The Court also recognizes that not all levels of the
Government of Honduras were necessarily aware of those acts, nor is there any evidence that
such acts were the result of official orders. Nevertheless, those circumstances are irrelevant for
the purposes of establishing whether Honduras is responsible under international law for the
violations of human rights perpetrated within the practice of disappearances.
184. According to the principle of the continuity of the State in international law, responsibility
exists both independently of changes of government over a period of time and continuously from
the time of the act that creates responsibility to the time when the act is declared illegal. The
foregoing is also valid in the area of human rights although, from an ethical or political point of
view, the attitude of the new government may be much more respectful of those rights than that
of the government in power when the violations occurred.
185. The Court, therefore, concludes that the facts found in this proceeding show that the State
of Honduras is responsible for the involuntary disappearance of Angel Manfredo Velásquez
Rodríguez. Thus, Honduras has violated Articles 7, 5 and 4 of the Convention.
186. As a result of the disappearance, Manfredo Velásquez was the victim of an arbitrary
detention, which deprived him of his physical liberty without legal cause and without a
determination of the lawfulness of his detention by a judge or competent tribunal. Those acts
directly violate the right to personal liberty recognized by Article 7 of the Convention (supra 155)
and are a violation imputable to Honduras of the duties to respect and ensure that right under
Article 1 (1).
187. The disappearance of Manfredo Velásquez violates the right to personal integrity
recognized by Article 5 of the Convention (supra 156). First, the mere subjection of an individual