11
51.
By decision of September 1, 1987, the Court, resolved:
To suspend the exhumation of the body of "La Montañita" offered in evidence by
the Commission, given the Commission's letter of August 19, 1987, to the
President of the Court, unless the Court decides it should proceed, in which case,
the Commission should promptly submit a documented rationale regarding the
need of that evidence for the just resolution of the instant case, together with all
other elements of proof it considers useful.
On August 28, 1987, the Court had already asked the Government to inform it where the body
was buried, and the order for discovery of October 7, 1987, reiterated that request.
52.
On August 27, 1987, the Government submitted a copy of official letter No. 3065 of the
Supreme Court, dated December 23, 1983, according to which the First and Second Criminal
Courts of Tegucigalpa reported that no one had requested the exhumation of a body which "it is
presumed" could be that of Francisco Fairén Garbi.
53.
By submission of November 3, 1987, the Commission offered a report prepared by the
Argentina Team of Forensic Anthropology on the autopsy report of the body found at La
Montañita. According to the Commission, "the exhumation of the body found at 'La Montañita' is
essential." It reiterated that "the cooperation of the Government of Honduras is necessary to
carry out the exhumation, and that the Government must first determine the precise place the
body was buried."
54.
On December 14, 1987, the Government submitted a copy of the "Record of the
Examination of an Unidentified Cadaver" of December 8, 1981. At this time Francisco Fairén Garbi
had not entered Honduran territory. It also submitted a statement of December 12, 1987, issued
by the Director of the Medical-Legal Office of the Supreme Court, which said "to the present date,
NO relative of Francisco Fairén Garbi or Yolanda Solís Corrales has asked this office to exhume
any cadaver" (upper case of the original). On January 18, 1988, it submitted a copy of the same
statement.
55.
According to an opinion of December 14, 1987, submitted at the request of the Court by
the Honduran Bar Association, the request for exhumation of a cadaver "does not require any
formality at all, or even the appointment of a legal representative," eventhough a "court order"
and "express permission of the health authorities" is needed. It adds that "the relatives, the
judicial authority, the state attorney or any party who can show a legitimate interest," even a
foreigner, can request an exhumation.
56.
On December 17, 1987, the Government submitted a medical-legal opinion signed by Dr.
Dennis A. Castro Bobadilla, in which he criticizes the opinion of the Argentine Team of Forensic
Anthropology calling it "not serious, unscientific, based upon suppositions, illogical, and even
irresponsible, in that it shows an evident bias in pretending that the victim was subject to some
type of torture of execution." Dr. Castro Bobadilla added that "based upon the data of the
autopsy, it can be affirmed that the death was homicide" (sic) and that "exhumation is
recommended in order to determine identity and if possible the cause of death." On January 11,
1988, the Commission expressed "its most absolute rejection of the unfortunate concepts"
contained in the report of Dr. Castro Bobadilla.
57.
On December 24, 1987, the Commission asked the Court to insist that the Government
identify the location of the burial site of the body found at La Montañita. The President did so by
communication of January 8, 1988.
58.
On January 13, 1988, in accord with the provisions of the general discovery order of
October 7, 1987, the Commission submitted Autopsy Report No. 259 of December 29, 1981,