5
25.
According to the Commission's observations of March 20, 1987, the Government submitted
the text of the preliminary report of the "Investigatory Commission" on October 17, 1985.
26.
On April 7, 1986, the Government informed the Commission that "notwithstanding the
efforts of the Investigatory Commission . . . no new evidence has been discovered." It also
pointed out that "the information at hand contains no convincing evidence on which to rule on the
alleged disappearances with absolute certainty" and that it was impossible "to identify the persons
allegedly responsible."
27.
Based on the foregoing, at its 67th Session (April 1986), the Commission adopted
Resolution 24/86, confirming Resolution 32/83 and referring the instant case to the Court.
III
28.
In its submissions of October 31, 1986, the Government concluded that:
(It) has set forth in this document its observations and objections regarding the
breach of procedural norms prior to the filing of Case 8097 with the Honorable InterAmerican Court of Human Rights.
The incriminating tone of the Resolution, the incorrect mention of certain particulars,
the questioning of our country's legal system, the lack of an adequate and impartial
evaluation of the evidence and the obvious failure by the Commission to take into
account the Central American context and the democratic transition that the State of
Honduras was undergoing at that time, are all elements that the Honorable Court
cannot ignore.
A reading of Resolution 24/86 leads to the conclusion that the Commission's
methodology distorted the truth. The Commission arrived at very serious negative
conclusions and judgments that are totally unfounded . . . .
29.
In its submissions of March 20, 1987, the Commission concluded that:
1.
Officials or agents of the Government of Honduras detained Saul Godínez
Cruz on July 22, 1982, in Choluteca, Honduras and that he has been missing since
that date. This constitutes a most serious violation 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.
2.
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
3.
Since Honduras has recognized the compulsory jurisdiction of the InterAmerican Court of Human Rights, the Commission again petitions the Honorable
Court, pursuant to Article 63 (1) of the American Convention on Human Rights, to
find a violation of the rights to life (Article 4), to humane treatment (Article 5) and
to personal liberty (Article 7) guaranteed by the Convention. It also asks the
Court to rule that the consequences of the situation that constituted the breach of
such right or freedom be remedied and that fair compensation be paid to the
injured party or parties.