6
notwithstanding the efforts of the Investigatory Commission established by Decree
232 of June 14, 1984, no new evidence has been discovered. The information at
hand contains no convincing evidence on which to rule on the alleged disappearances
with absolute certainty. In view of the impossibility of identifying the persons
allegedly responsible, the interested parties were publicly exhorted to make use of
the judicial remedies available to them through the appropriate courts, in order to
bring charges against the public authorities or the private persons they deem
responsible.
29.
At its 67th Session, the Commission adopted Resolution 23/86 of April 18, 1986.
Because the Commission had found no reason to reconsider Resolution 16/84, it decided to
publish the Resolution and refer the matter to the Court.
III
30.
In its submissions of October 31, 1986, the Government concluded that:
1.
It is proven that Francisco Fairén Garbi and Yolanda Solís Corrales departed from
Costa Rica and entered the Republic of Nicaragua on December 8, 1981 and that they left
Nicaragua on December 11 of that same year.
2.
It is also proven that the Costa Rican nationals entered Honduras on December 11,
1981 and left that country on December 12, 1981.
3.
It is likewise proven that Francisco Fairén and Yolanda Solís entered the Republic of
Guatemala and that the Government of that country asserts that they left Guatemala for El
Salvador.
4.
It is proven that the petitioner at no time voluntarily exhausted the domestic legal
remedies of Honduras.
5.
Since the requirements of the Convention and the Regulations have not been met,
the petition should have been ruled inadmissible. To admit and process such a petition in
violation of the provisions of the Convention nullifies all actions taken in this case.
31.
In its brief of March 20, 1987, the Commission concludes that:
1.
Francisco Fairén Garbi and Yolanda Solís Corrales, both Costa Rican nationals, were
captured on December 11, 1981, and then disappeared while in transit through Honduras,
and that the Government of Honduras did not adopt the Commission's recommendations to
investigate the allegations and punish those found to be responsible;
2.
Such acts are most serious violations of the rights to life, to humane treatment and
to personal liberty which are guaranteed by Articles 4, 5, and 7 of the American
Convention on Human Rights, to which Honduras is a State Party;
3.
The substantive or procedural objections raised by the Government of Honduras in
its Memorial have no legal basis under the provisions of the relevant articles of the
American Convention on Human Rights and the standards of international law; and