16
43.
In application of that stated in Article 45(1) of the Rules of Procedure, the Court
included in the body of evidence of the case the documents presented by the
representatives, which were requested by the Tribunal as evidence to facilitate
adjudication of the case (supra paras. 30 and 32).13 The Commission stated that it
understood that the representatives would present the evidentiary elements required
by the Court and that it remained at the disposal of the latter if the presentation of any
element were to continue pending. The State also presented part of the evidence to
facilitate adjudication of the case requested (supra paras. 31 and 32).14
44.
Likewise, the Court adds the following documents to the body of evidence, in
application of Article 45(1) of the Rules of Procedures since it considers them useful for
the resolution of this case: a) Law on Amparo, Decree No. 009- 1936, enacted on April
14, 1996; b) United Nations, “El Racismo, la Discriminación Racial, la Xenofobia y
todas las Formas de Discriminación”, informe del Sr. Doudou Diène, Relator Especial
sobre las formas contemporáneas de racismo, discriminación racial, xenofobia y formas
conexas
de
intolerancia.
Adición
–
MISIÓN
A
HONDURAS.
UN
Doc.
E/CN.4/2005/18/Add.5, of March 22, 2005; c) United Nations, Commission on Human
Rights, Civil and Political Rights, Including the Questions of: Independence of the
Judiciary, Administration of Justice, Impunity, Report of the Special Rapporteur on the
independence of judges and lawyers, Leandro Despouy, submitted in accordance with
Commission on Human Rights resolution 2003/43. Addendum – Situations in specific
countries or territories. UN Doc. E/CN.4/2004/60/Add.1, of March 4, 2004; d) United
Secretariat of the Sectional Court of First Instance on September 18, 2002, and claim presented by Mr.
Secundino Torres Amaya against Mrs. Ana Cristina Morales for the alleged invasion of land on May 5, 2003.
13
Specifically: Constitution of the Republic of Honduras, Decree No. 131 of January 11, 1982 and that
is currently in force; Criminal Code, Decree No. 144-83 of September 26, 1983 and that is currently in force;
Code of Criminal Procedures reformed, Decree No. 144-83 of August 23, 1983, Decree No. 191-96 of
October 31, 1996, and Decree No. 59-97 of May 8, 1997; New Code of Criminal Procedures, Decree No. 9-99
of February 2002; Law on the Wrongful Use and Illicit Trafficking of Drugs and Psychotropic Substances,
Decree No. 126-89 of September 5, 1989 and that is currently in force; Law of the Defendant without
Conviction, Decree No. 127-96, modified by Decree No. 183-97; motion of appeal admitted by the Sectional
Court of First Instance of Tela on November 20, 2000 and Table of Minimum Wages for an Ordinary Workday
Executive Agreement No. STSS 029-05, of March 28, 2005. Regarding the birth certificates, they presented
the majority of those requested, specifically: of Cirilo Isrrael García Álvarez, Rosel Bernardo García Álvarez,
Desma Apolonia García López, Amilcar Danilo García Álvarez, René López García, Oscar López García,
Crecencio López García, Elsa López García, and Bernardo Secundino García Álvarez.
14
Specifically: report of the Supreme Court of Justice of Honduras of October 25, 2005; Code of
Criminal Procedures of 1984, Decree No. 189-84 of October 31, 1984; Criminal Code of 1984, Decree No.
144-83 of August 23, 1983; Decree No. 120-94 of August 30, 1994, which reforms part of the Criminal
Code; Decree No. 191-96 of October 31, 1996, which reforms part of the Criminal Code; Decree No. 59-97;
Decree No. 194-94 of December 17, 2004, which reforms part of the Criminal Code; Decree No. 212-04 of
December 29, 2004, which reforms part of the Criminal Code; Decree No. 127-96 of August 19, 1996, Law
of the Defendant without Conviction; Decree No. 126-89 of September 5, 1989, with the reforms introduced
by Decree No. 86-93 of May 24, 1993, which reforms Article 36 of the Law on the Wrongful Use and Illicit
Trafficking of Drugs and Psychotropic Substances; Political Constitution of Honduras, Decree No. 131 of
January 11, 1982; Bylaws to the Law of the Defendant without Conviction, Agreement No. 160-97 of the
Presidency of the Republic of Honduras of December 19, 1997; Table of Minimum Wages for an Ordinary
Workday, Executive Agreement No. STSS 029-05, of March 28, 2005, and the birth certificates of Crecencio
López García; Teresa Siomara López García; Teresa de Jesús López García; Elsa López García; Rosa López
García; René López García; Joel García López, and Cirilo Isrrael García Álvarez. Similarly, the State
presented; proof of the Secretariat of the Appellate Court of la Ceiba, Mrs. Auxiliadora de Cardinale, of June
19, 2004; writ of the prosecutor of the Office of Public Prosecutors, Mr. Joel Edgardo Serrano Carcamo, of
July 31, 2003; certification of the ruling of the Supreme Court of Justice of the Republic of Honduras of
August 19, 2003, and other documents of the dossier that include the substantiation of the appeal for review
by a higher court due to violation of Law Nº 1624-2003.
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