5
23.
In a letter of November 30, 1982, the petitioner again referred to the facts of the case; the
Commission forwarded this letter to the Government on December 20, 1982. The Government
responded on January 24, 1983.
24.
The Commission also received letters from the petitioner dated February 28 and
September 13, 1983 and March 22, 1984, in which he made various observations regarding the
allegations.
25.
At its 63rd Session, the Commission adopted Resolution 16/84 of October 4, 1984, whose
operative parts read as follows:
1.
To declare that the acts denounced constituted serious violations of the right
to life (Art. 4) and the right to personal liberty (Art. 7) of the American Convention
on Human Rights and that the Government of Honduras is responsible for the
disappearance of Francisco Fairén Garbi and Yolanda Solís Corrales, both Costa Rican
nationals.
2.
To recommend to the Government of Honduras:
a)
that it order the most thorough investigation of the acts denounced in order
to determine the circumstances of the disappearance of Francisco Fairén Garbi and
Yolanda Solís Corrales;
b)
that it punish those responsible, in accordance with Honduran law; and
c)
that it inform the Commission within 90 days on the measures taken to carry
out these recommendations.
3.
To transmit this Resolution to the Government of Honduras.
4.
If the Government of Honduras does not submit its observations within the
time limit set out in paragraph 2 supra, the Commission shall include this Resolution
in its Annual Report to the General Assembly, pursuant to Article 59(g) of its
Regulations, and shall transmit this Resolution to the claimant in the instant case.
26.
On October 29, 1984, the Government requested the reconsideration of Resolution 16/84
on the grounds that the persons who had disappeared had left its territory, presumably for
Guatemala; that it would consent to the exhumation of the body found in La Montañita, following
the procedure established by the laws of Honduras; and that it had given specific orders to the
authorities to investigate the allegations contained in the petition. The Government also argued
that it had established a high-level Investigatory Commission to shed light on the facts and to
establish the appropriate legal responsibilities and that "with the firm conviction that in this case -as shown in paragraph 10 of the Resolution-- the remedies provided on the national plane have
not been exhausted, (it had) decided to forward all the documentation on this deplorable matter
to the Investigatory Commission so that it might reopen the investigation and verify the truth of
the allegations."
27.
On March 15, 1985, the Commission forwarded the relevant parts of the Government's
request for reconsideration to the petitioner, who presented his response in a communication of
April 19, 1985.
28.
On April 7, 1986, the Government informed the Commission that