4.
The State provided information on the payments made to each beneficiary for
pecuniary and non-pecuniary damage and to Jacobo Roberto Kawas Fernández for
reimbursement of costs and expenses, as ordered (supra having seen paragraph 1). The
State forwarded documentary evidence of each payment to the Court.3
5.
The representatives indicated that “the next of kin of Blanca Jeannette Kawas
Fernández […] indicated that they had received the said payments”; consequently the
representatives considered that “the State has complied with its obligation to compensate
the victims of the instant case for the pecuniary and non-pecuniary damage they suffered,
and to reimburse the costs and expenses derived from the processing of the case before the
organs of the inter-American human rights system.”
6.
The Commission observed that the eighth operative paragraph of the judgment
(supra having seen paragraph 1) “has been complied with.”
7.
The information received from the parties reveals that the State has complied fully
with this measure of reparation.
B.
Obligation to conclude the criminal proceedings, or initiate any others that
may be necessary, for the facts that gave rise to the violations in this case, and
decide them as provided for by law, within a reasonable period of time (ninth
operative paragraph of the judgment)
8.
The State did not provide information on compliance with this obligation.
9.
The representatives indicated that “the State did not refer to the pending criminal
proceedings in relation to both the murder of [Blanca Jeannette] Kawas Fernández and the
obstruction of its investigation […].” Accordingly, they indicated that “the review of the case
file [… which they carried out] on October 27, 2011, at the Sectional Court of First Instance
of Tela, reveals that only five investigative procedures were conducted between March 12,
2010, and September 5, 2011.” Moreover, “there is no record that these procedures were
followed up on, or that they have had any positive results for the investigation.” They
considered that these actions “are absolutely insufficient” and they expressed their concern
“about the lack of progress in [compliance with this obligation …] more than 16 years after
the murder of Mrs. […] Kawas Fernández.” Consequently, they asked the Court to reiterate
to the State its obligation to conduct an effective and diligent investigation, in order to
identify and punish all those responsible for the facts of this case, as well as to request the
State, once again, to forward the information indicated in paragraph 195 of the judgment
“as soon as possible” (supra having seen paragraph 1).
10.
The Commission “observe[d] with concern the lack of information from the State”
concerning this aspect, “a situation [that] is even more serious taking into account the
information provided by the representatives, who indicate[d] that they had reviewed the
case file and verified that very few procedures had been carried out, without further followup”. Therefore, it “consider[ed] that the Court should require the State to provide detailed
and updated information on the progress of the investigations […].”
11.
Approximately 17 years have elapsed since Blanca Jeannette Kawas Fernández was
deprived of her life violently. As established in the judgment (supra having seen paragraph
3
Expense Form of the Honduran Finance Ministry, photocopies of the checks issued by the General Treasury
of the Republic of Honduras and receipts signed by the beneficiaries of the compensation (file of monitoring
compliance with judgment, tome I, folios 191 to 222).
3