ANNUAL REPORT OF THE IACHR 2006

           

          f.          Chile

 

            Almonacid Arellano Case

 

553.          This case deals with the lack of investigation and punishment of the persons responsible for the extrajudicial execution of Mr. Almonacid Arellano as a result of the application of Decree Law No. 2191, the amnesty law enacted in Chile in 1978. Mr. Almonacid was executed on September 16, 1973 in the city of Rancagua, Chile.

 

554.          On February 7, 2006, the Court scheduled a public hearing to hear preliminary objections and arguments on the merits, reparations and costs. The hearing took place in Brasilia, Brazil, on March 29, 2006, with the Commission, the representatives of the victim and his family and the Chilean State.

 

555.          On May 22, 2006, the Commission, the victim's representatives and the  State made their final written arguments, and on September 26, 2006, the Court rendered its decision, holding that Articles 8 and 25 of the American Convention, in connection with Articles 1.1 and 2 thereof, had been violated.  The Court ordered the appropriate reparations.  The full text of the decision may be found at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_154_esp.doc>.

 

            Claude Reyes et al. Case

 

556.          On July 8, 2005, the Commission filed with the Court an application against Chile in case 12.108, Marcel Claude Reyes, Sebastián Cox Urrejola and Arturo Longton Guerrero, because of its international responsibility for denying access to public information and failing to provide the victims with an appeal against that denial.

 

557.          On September 19, 2006, the Court held that the State had violated the rights to freedom of thought and expression, a fair trial and judicial protection established in Articles 13, 8 and 25 of the Convention in connection with Article 1.1 and 2 thereof.  The Court ordered the appropriate reparations. The full text of the judgment may be found at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_151_esp.doc.

 

            Humberto Palamara Iribarne Case

 

558.          On May 13, 2004, the Commission filed with the Court an application against Chile in the Palamara Iribarne case, because the State had confiscated the copies and printing matrix of the book "Ethics and Intelligence Services" ["Ética y Servicios de Inteligencia"], had erased the book from the hard disc of Mr. Palamara's personal computer, banned its publication and found Mr. Palamara guilty of contempt.

 

559.          On November 22, 2005, the Court decided this case.  It concluded that the State had violated the rights to freedom of thought and expression, private property, fair trial, judicial protection and personal freedom protected, respectively, by Articles 13, 21, 8, 25 and 7 of the American Convention, in conjunction with Articles 1.1 and 2 thereof.

 

560.          By late 2006 the Commission awaited the report from the State on compliance with the reparations ordered by the Court.

 

            g.         Costa Rica

 

            The newspaper "La Nación" (Herrera Ulloa) Case

 

561.          In 2006 the Commission reported periodically on implementation of the Court's orders in its judgment on the merits, reparations and costs dated July 2, 2004.

 

562.          On September 22, 2006, the Court decided to keep the proceedings open with respect to the State's unmet obligations, namely: fully invalidate the judgment of November 12, 1999, by the Criminal Court of the First Judicial District of San José; bring domestic law into conformity with Article 8.2.h of the American Convention on Human Rights, in conjunction with Article 2 thereof; and pay late interest on the unpaid compensation for moral damage and reimbursement of expenses.

 

563.          In that same resolution the Court asked the State to present by January 19, 2007, an updated report on the status of compliance with its unfulfilled obligations.  The full text of this resolution may be found at: <http://www.corteidh.or.cr/docs/supervisiones/ herrera_22_09_06.doc>.

 

            h.         Ecuador

 

            Benavides Cevallos Case

 

564.          The last Court ruling on compliance is dated November 27, 2003.  In it the Court informs the General Assembly of the Organization about the State's failure to discharge its obligation to investigate and clear up the forced disappearance of the victim.

 

565.          In 2006 the State did not present the necessary reports to document compliance with its obligation to investigate, prosecute and punish the perpetrators of human rights violations against Consuelo Benavides Cevallos as ordered in the fourth operative paragraph of the Court's judgment of June 19, 1998.

 

            Chaparro Álvarez et al. Case

 

566.          On June 23, 2006, the Commission filed with the Court an application in case 12.091, Juan Carlos Chaparro Álvarez and Freddy Hernán Lapo Iñiguez, because of Ecuador's international responsibility for their arbitrary detention in Guayaquil on November 15, 1997, and subsequent violations of their rights in the proceedings instituted against them, which resulted in material and moral damage to both.  In light of the facts of the case, the Commission asked the Court to hold Ecuador internationally liable for violating the victims' rights under Articles 5 (Humane Treatment), 7 (Personal Liberty), 8 (Fair Trial), 21 (Private Property) and 25 (Judicial Protection) of the American Convention, in conjunction with Article 1.1 (Obligation to Respect Rights).  The Commission also asked for a finding that the State violated Article 2 of the Convention to the detriment of Mr. Lapo Iñiguez.

 

567.          The Court has received a brief containing petitions, arguments and evidence from the joint representative of the victims, as well as the answer from the State, in which it raised a preliminary objection to the hearing of the case by the Court.  The Court is expected to schedule a public hearing.

 

            Cornejo et al. Case

 

568.          On July 5, 2006, the Commission filed with the Court an application in case 12.406, Cornejo et al., involving Ecuador's international responsibility for failing to discharge its international obligations towards Mrs. Carmen Susana Cornejo de Albán and Mr. Bismarck Wagner Albán Sánchez, who in their efforts to address the death of their daughter, Laura Susana Albán Cornejo, have for years sought justice and the punishment of the perpetrators by collecting evidence about her death and have unsuccessfully tried to draw the attention of the authorities to her case.  In its application the Commission argued that the State has violated Articles 8 (Fair Trial) and 25 (Judicial Protection) in conjunction with Articles 1.1 (Obligation to Respect Rights) and 2 (Domestic Legal Effects) of the American Convention.

 

569.          A brief containing petitions, arguments and evidence from the representative of the victims, as well as the State's answer, have been received in the proceedings before the Court. A public hearing has not yet been scheduled.

 

            Daniel David Tibi Case

 

570.          This case deals with the unlawful and arbitrary detention of Mr. Daniel David Tibi on September 27, 1995, his torture and the impossibility while he was detained of filing a legal action against the torture or his preventive detention, which was excessively long.

 

571.          During 2006 the Commission filed observations on the information presented by the representatives of the victim and his family and by the State, voicing concern over the failure to comply with the remedies ordered by the Court in its judgment of September 7, 2004.

 

572.          On September 22, 2006, the Court issued a resolution on compliance with its judgment and ordered the State to take all necessary steps to effectively and promptly comply with the unimplemented measures ordered by the Court in its ruling on objections, merits and reparations, and to present by January 19, 2007, a detailed report on compliance.  The full text of this resolution is available at: http://www.corteidh.or.cr/docs/supervisiones/tibi_22_09_06.doc.

 

            Rigoberto Acosta Calderón Case

 

573.          This case involves the illegal and arbitrary detention of Mr. Acosta Calderón on November 15, 1989, and the violations of due process during his criminal trial.

 

574.          In 2006 the State presented its first report on compliance with the judgment rendered in this case, and the Commission is now waiting for information from the representatives of the injured party before commenting on the degree of compliance with the reparations ordered by the Court in its decision of June 24, 2005.

 

            Salvador Chiriboga Case

 

575.          On December 12, 2006, the Commission filed with the Court an application against Ecuador in case 12.056, Salvador Chiriboga, on account of Ecuador's international responsibility for the expropriation of a parcel of land belonging to the brothers Salvador Chiriboga through a procedure that deprived them of its use and enjoyment without the proper compensation established by Ecuadorian law and the American Convention on Human Rights.  The Commission asked the Court to hold the State internationally liable for violating the victims' rights under Articles 8 (Fair Trial), 21 (Private Property) and 25 (Judicial Protection) of the American Convention, in conjunction with Articles 1.1 (Obligation to Respect Rights) and 2 (Domestic Legal Effects) thereof.

 

576.          Notification to the parties was pending at the time of the writing of this report.

 

            Suárez Rosero Case

 

577.          During 2006 the Commission periodically reported on compliance with the reparations ordered by the Court.  The last Court ruling on compliance, on November 27, 2003, specified the reparations that remained unimplemented. The Commission has expressed concern over the lack of compliance with one aspect of the remedies ordered by the Court and has asked the Court to order the State to promptly report on steps taken in that connection.

 

            Zambrano Vélez et al. Case

 

578.          On July 24, 2006, the Commission filed with the Court an application in case 11.579, Zambrano Vélez et al., asking it to hold Ecuador internationally liable for the extrajudicial execution of Messrs. Wilmer Zambrano Vélez, Segundo Olmedo Caicedo and José Miguel Caicedo on March 6, 1993, in Guayaquil, and the subsequent failure to investigate the matter.  The Commission asked the Court to hold the State internationally responsible for violating its obligations under Article 27 (Suspension of Guarantees), 4 (Right to Life), 8 (Fair Trial) and 25 (Judicial Protection) in conjunction with Articles 1.1 and 2 of the American Convention.

 

579.          The Court has received a brief with petitions, arguments and evidence from the representative of the victims, as well as the State's answer.  It has not yet scheduled a public hearing.

 

            i.          El Salvador

 

            Erlinda and Ernestina Serrano Cruz Case

 

580.          During 2006 the Commission filed observations on the information received from the representatives of the victims and from the State regarding compliance with the reparations ordered by the Court in its judgment of March 1, 2005.

 

581.          On September 22, 2006, the Court ruled on the status of compliance with its judgment in this case and ordered the State to take all necessary measures to effectively and promptly put into effect the unimplemented items in its decision on the merits and reparations, namely: effectively investigating the events; identifying and punishing the perpetrators and conducting a serious search for the victims; eliminating  all obstacles and mechanisms that prevent compliance with the State's obligations; operating a national commission to search for young people who disappeared when they were children during the internal conflict, with community participation; establishing a genetic data system to obtain and preserve genetic information that will help identify and determine the filiation of children who disappeared and their family members; designating a day devoted to children who for various reasons disappeared during the national armed conflict; offering free medical and psychological care to the families of the victims; setting up a web page to search for persons who disappeared; publishing the parts of the judgment that deal with the merits, reparations and costs ordered by the Court and payment of costs and expenses.

 

582.          The Court ordered the State to present by January 19, 2007, a detailed report on compliance with the reparations ordered.  The full text of the ruling may be found at: http://www.corteidh.or.cr/docs/supervisiones/serrano_22_09_06.doc.
 

            García Prieto Giralt Case

 

583.          On February 9, 2006, the Commission filed an application in case 11.697, Ramón Mauricio García Prieto Giralt, asking the Court to hold El Salvador responsible for the actions and omissions in the investigation of the murder of Ramón Mauricio García Prieto Giralt in San Salvador on June 10, 1994, the subsequent threats against his family because of their role in seeking investigation, and the lack of adequate remedies.

 

584.          The Commission asked the Court to hold the State internationally responsible for violating Articles 5 (Humane Treatment), 8 (Fair Trial) and 25 (Judicial Protection) of the American Convention on Human Rights, in conjunction with Article 1.1 (Obligation to Respect Rights) thereof, to the detriment of the family members of Ramón Mauricio García Prieto Giralt, José Mauricio García Prieto Hirlemann, Gloria Giralt de García Prieto and Carmen Estrada de García Prieto. El Salvador accepted the adversarial jurisdiction of the Court as from June 6, 1995, and the violations complained of in the Commission's application to the Court took place after that date.

 

585.          The Court has received a brief with petitions, arguments and evidence from the joint representative, as well as the answer from the State, which raises preliminary objections.  On December 14, 2006, the Court summoned the parties to a public hearing at its headquarters on January 25 and 26, 2007.

 

            j.          Guatemala

 

            Bámaca Velásquez Case

 

586.          During 2006 the Commission periodically reported on the degree of compliance with the Court's orders in its judgment on the merits, reparations and costs dated February 22, 2002.

 

587.          On July 4, 2006, the Court issued a ruling on compliance with the above decision and kept the procedure open with respect to the following unimplemented obligations of the State: locating the mortal remains of Mr. Efraín Bámaca Velásquez, exhuming them in the presence of his widow and family and delivering them to the family; investigating the events that led to violations of the American Convention and the Inter-American Convention to Prevent and Punish Torture, identifying and punishing the perpetrators and making public the results of the investigations; publishing in the Official Gazette and one other national newspaper the chapter on proven facts and the operative part of the judgment on the merits rendered on November 25, 2000; holding a public event to acknowledge its responsibility for the events in this case and to honor the victims; and taking the legislative or other measures of any kind needed to bring Guatemalan law into conformity with international human rights and humanitarian law standards, and making them fully effective domestically.  The full text of this resolution may be found at: <http://www.corteidh.or.cr/docs/supervisiones/Bamaca_04_07_06.doc>.

 

588.          In its comments the Commission expressed satisfaction that Guatemala has carried out the publications ordered by the Court, has set up a High-Level Commission to study how to bring Guatemalan law into line with international human rights law and humanitarian law, and has held, on October 16, 2006, the public event acknowledging its responsibility and honoring the victims.

 

589.          On the other hand, the Commission highlighted the fundamental importance, not only to the families but also to society as a whole, of investigating the whereabouts of victims in cases of forced disappearance, an obligation that remains unmet.
 

            Blake Case

 

590.          The last Court resolution on compliance is dated November 27, 2003.  Still pending at that time were the State's obligations to investigate, prosecute and punish all those responsible for human rights violations in this case.  In 2006 the State provided no information on compliance in this case.

 

            Carpio Nicolle Case

 

591.          During 2006 the Commission periodically commented on compliance with the reparations ordered by the Court in its judgment of November 22, 2004.  It pointed out the need for the State to immediately comply with its obligations under that decision, and asked the Court to order the State to report on the fulfillment of its duties to investigate; to identify, prosecute and punish those who carried out and ordered the extrajudicial execution of Messrs. Carpio Nicolle, Villacorta Fajardo, Ávila Guzmán and Rivas González, as well as the serious injuries inflicted on Sydney Shaw Díaz; the steps taken to make public the results of the proceedings, so that Guatemalan society may learn the truth; the measures adopted to remove all obstacles and mechanisms that preserve impunity in this case; the specific steps designed to strengthen investigative capabilities; the event to acknowledge responsibility and honor the victims; the obligations to publicize; the payment of compensation, costs and expenses.

 

592.          In its comments to the Court, the Commission expressed satisfaction with the steps taken to pay the compensation and costs ordered, and voiced concern over the lack of progress in complying with the remaining reparations ordered by the Court.

 

            Fermín Ramírez Case

 

593.          During 2006 the Commission periodically commented on compliance with the remedies ordered by the Court in its judgment on the merits, remedies and costs dated July 20, 2005.

 

594.          On September 22, 2006, the Court issued a resolution on compliance with that judgment.  It kept open the proceedings with respect to the following outstanding obligations of the State: hold within a reasonable time a new trial of Mr. Fermín Ramírez consistent with due process standards, with full hearing and defense safeguards for the defendant; refrain from applying that part of Article 132 of the Guatemalan Criminal Code that deals with the risk posed by the defendant and bring it into line with the Convention within a reasonable time; refrain from executing Mr. Fermín Ramírez, whatever the outcome of his trial; take the necessary legislative and administrative steps to set up a procedure whereby any person sentenced to death will have the right to request a pardon or commutation of the sentence; provide adequate treatment for the victim and adopt, within a reasonable time, the measures needed to bring prison conditions into line with international human rights standards.

 

595.          In that same resolution the Court asked Guatemala to present by January 19, 2007, an updated report on the status of compliance with the above obligations.  The complete text of this ruling may be found at: <http://www.corteidh.or.cr/docs/supervisiones/Fermin_22_09_06.doc>.

 

596.          The Commission recognizes the steps taken in 2006 by Guatemala that led to a new trial for Fermín Ramírez.  It is also pleased by the steps taken to adopt legislative and administrative measures that will provide every person sentenced to death with a procedure for pardon or commutation of the penalty.

 

            Maritza Urrutia Case

 

597.          This case deals with the illegal and arbitrary detention of Mrs. Maritza Urrutia on July 23, 1992, and her subsequent torture in a clandestine detention center where she spent eight days and was forced to make a public statement prepared by her captors.

 

598.          The last Court resolution on compliance is from September 21, 2005.  Still pending compliance by the State at that time were its obligations to effectively investigate the events that gave rise in this case to violations of the American Convention and the Inter-American Convention to Prevent and Punish Torture; identify, prosecute and punish the perpetrators and publicize the results of the investigation, all measures ordered by the Court in its decision of November 27, 2003.

 

599.          During 2006, despite repeated requests from the Court, the State provided no information on compliance in this case.

 

            "Plan de Sánchez Massacre" Case

 

600.          The judgment ordering reparations in this case was rendered by the Court on July 3, 2004.  In 2006, when responding to the compliance reports from the State, the Commission stated that it valued the efforts made to identify the beneficiaries of the compensation ordered, to open bank accounts for the deposits, to inform and advise the community in the Maya Quiché language, to advise the beneficiaries about investment options and help the victims throughout the reparations process.  The Commission stressed the importance of complying with the obligation to investigate the events that gave rise to the violations and identify, prosecute and punish the perpetrators.

 

            Molina Theissen Case

 

601.          The Court's judgment ordering redress in this case is from July 3, 2004.  In 2006 the Commission provided observations on the State's compliance report, expressing satisfaction with the implementation of several remedies ordered by the Court and noting that, inasmuch as looking for and handing over the mortal remains of Marco Antonio Molina Theissen is one of the specific obligations ordered by the Court, the information presented by the State should explicitly deal with the efforts and actions undertaken to do so. The Commission insisted on the importance of State compliance with its duty to investigate and punish the perpetrators, both as moral reparation to the victims' families and as a safeguard against repetition of the events. It asked the Court to order the State to report in detail about the status of the investigation to uncover truth and find the perpetrators of the forced disappearance of Marco Antonio Molina Theissen.

 

            Myrna Mack Case

 

602.          The last Court resolution on compliance in this case was issued on September 12, 2005.  Still pending are the State's obligations to investigate the events and identify, prosecute and punish all perpetrators and accessories and all persons responsible for the extrajudicial execution of Myrna Mack Chang and the cover-up of that execution, as well as other occurrences in this case; to remove all legal or non-legal obstacles that serve to preserve impunity in this case; to  ensure the safety of court officials, prosecutors, witnesses, justice personnel [operadores de justicia] and family members of Myrna Mack Chang and take all measures within its power to expedite the proceedings; to include in the training of the armed forces, police and security agencies courses on human rights and international humanitarian law; to establish a scholarship named for Myrna Mack Chang; and to place at the site of her death or in the adjoining area a highly visible memorial plaque explaining the activities she was engaged in.

 

603.          As regards compliance with the obligation to investigate and identify, prosecute and punish those responsible for the murder of Myrna Mack, the Commission noted in 2006 that the arrest warrant for former colonel Juan Valencia Osorio, convicted as an accessory in the murder, had not led to his apprehension.  On the other hand, the Commission expressed satisfaction over the establishment of a scholarship named for Myrna Mack Chang and the efforts made by the State to unveil at the scene of the crime a plaque commemorating the work of the victim.

 

            Paniagua Morales et al. Case

 

604.          During 2006 the Commission periodically reported on compliance with the reparations ordered by the Court.  The Court's last resolution on compliance is dated November 27, 2003.

 

605.          Pending compliance under that ruling are the State's obligations to investigate the events in this case and identify and punish the perpetrators; transfer the mortal remains of Pablo Corado Barrientos to the location chosen by his family for burial; take all legislative, administrative or other measures to guarantee accuracy and public access to detainee records; and pay the compensation set for moral damage as well as costs and expenses.

 

606.          The Commission was pleased to note in its comments that the compensation ordered by the Court in this case was finally paid.  Because the State reported that the mortal remains of Mr. Corado Barrientos were at the ossuary of the Verbena Cemetery, the Commission took the view that the State, in light of the material difficulties involved in carrying out the Court's order, should take other steps to the same end.  In addition, the State's obligation to investigate the matter and punish the perpetrators remains unmet.

 

            Raxcacó Reyes Case

 

607.          This case involves the mandatory death sentence imposed on Mr. Raxcacó Reyes for the crime of abduction or kidnapping, an offense for which Guatemalan law did not establish that penalty when the country ratified the American Convention; the disproportionate nature of the penalty imposed; the conditions of his imprisonment and the ineffectiveness of judicial appeals in Guatemala.

 

608.          On February 6, 2006, the Court rejected as inadmissible the State's request for interpretation of the judgment on the merits, reparations and costs, which was filed on November 30, 2005. The text of that resolution on interpretation is available at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_143_esp.doc>.

 

609.          By February 1, 2007, the Commission must file its first comments on the information the State has thus far supplied on compliance with the decision on the merits, reparations and costs of September 15, 2005.

 

            Villagrán Morales et al. (Street Children) Case

 

610.          This case is about the kidnapping, torture and murder of Henry Giovanni Contreras, Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito Josué Juárez Cifuentes; the murder of Anstraum Villagrán Morales; and the failure of the State to offer access to justice to the victims' families.

 

611.          The last Court resolution on compliance is dated November 27, 2003.  State obligations pending under that ruling are: to pay compensation for moral damage to Gerardo Adoriman Villagrán Morales; to investigate, prosecute and punish the perpetrators of human rights violations established by the Court in its judgment of May 26, 2001, in line with Article 68.1 of the American Convention; and to provide the resources and take the necessary steps for transferring the mortal remains of Henry Giovanni Contreras to a site selected by his family for burial.

 

612.          During 2006, despite repeated requests from the Court, the State provided no information on compliance in this case.

 

            k.         Haiti

 

            Yvon Neptune Case

 

613.          On December 14, 2006, the Commission filed with the Court an application in case 12514 against Haiti, because of its responsibility in the violation of Yvon Neptune's rights protected by Articles 5 (Humane Treatment), 7 (Personal Liberty), 8 (Fair Trial), 9 (Ex Post Facto Laws) and 25 (Judicial Protection) of the American Convention, in conjunction with Article 1.1 thereof.  These violations result from Haiti's failure to advise the victim in a timely and sufficient fashion of the charges against him; to bring him without delay before a judge or other judicial official empowered by law to exercise judicial authority; to afford him an appeal to a court competent to look into the legality of his detention; to ensure his physical, mental and moral integrity and his right to be separated from inmates already convicted; to provide him with detention and treatment conditions consistent with international standards while he was in custody at the National Penitentiary; to give him adequate time and means to prepare his defense; and to refrain from accusing him of an act that was not a crime under Haitian law.

 

614.          Notification of the case to the parties was pending at the end of January 2007.

 

            l.          Honduras

 

            Alfredo López Álvarez Case

 

615.          On July 7, 2003, the Commission filed with the Court an application in case 12387 against Honduras, because of violations committed against Mr. Alfredo López Álvarez, a member of a Honduran Garífuna community.  Mr. López Álvarez was arrested on April 27, 1997, and tried in criminal court, where he was acquitted on January 13, 2003.  He was imprisoned for six and a half years before being released on August 26, 2003.

 

616.          On February 1, 2006, the Court held that Honduras had violated Mr. Alfredo López Álvarez' right to personal liberty under Articles 7.1, 7.2, 7.3, 7.4 and 7.6 of the American Convention on Human Rights, his right to humane treatment under Articles 5.1, 5.2 and 5.4, his right to a fair trial and judicial protection under Articles 8.1, 8.2, 8.2.b, 8.2.d, 8.2.g and 25.1, his right to freedom of thought and expression and equality before the law under Articles 13 and 24, and his family's right to humane treatment under Article 5.1; all in conjunction with Article 1.1 of the Convention.

 

617.          The full text of the decision is available at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_141_esp.doc.>

 

            Juan Humberto Sánchez Case

 

618.          This case has to do with the kidnapping of Juan Humberto Sánchez on July 11, 1992, his torture and execution, the ineffectiveness of the habeas corpus application filed to determine his whereabouts before his body was found days later, and the impunity of the perpetrators of these crimes.

 

619.          During 2006 the Commission periodically reported on compliance with the reparations ordered by the Court in its judgment of June 7, 2003, and its ruling on compliance of September 12, 2005.  In that ruling the Court kept open the procedure to supervise compliance with obligations not fully discharged, namely: continue effectively investigating the facts of the case and identify and punish, both administratively and criminally, the perpetrators and accomplices as well as any accessories after the fact; provide the victim's family with full access to all stages of the investigation and make the results publicly known; transfer the victim's mortal remains to a site chosen by his family, at no cost to them; create a registry of detainees that will make it possible to review the legality of detentions; publish in the Official Gazette and one other national newspaper the operative part and the chapter on proven facts of the judgment of June 7, 2003; pay the compensation ordered for the children Breidy Maybeli Sánchez and Norma Iveth Sánchez into an investment account at a solvent Honduran banking institution, on the most favorable financial terms allowed by law and banking practices; pay the total amount ordered by the Court for material and moral damages, costs and expenses, as well as the applicable interest on arrears.

 

620.          The full text of the decision may be found at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_99_esp.pdf>.

 

            Servellón García et al. Case ("Cuatro Puntos Cardinales") [Four Points of the Compass]

 

621.          On February 2, 2005, the Commission filed with the Court an application against Honduras in case 12331, Servellón García et al, also known in Honduras as "Four Points of the Compass." Marco Antonio Servellón García, Rony Alexis Betancourth Vásquez, Orlando Álvarez Ríos y Diomedes Obed García Sánchez were arrested between September 15 and 16, 1995, during an operation conducted by the then Public Security Force (hereinafter "FUSEP").  The four young men were executed extrajudicially by State agents and, on September 17, 1995, their dead bodies were found outdoors in various parts of the city of Tegucigalpa, Honduras.  The Commission filed the application because of the inhuman and degrading detention conditions to which the victims were subjected by the State; the blows and mistreatment they received from police; their death while in police custody; and the lack of investigation and due process exhibited in this murder case, whose perpetrators remain at large.

 

622.          On September 21, 2006, the Court accepted the State's acknowledgment of international responsibility and held that Honduras had violated the victims' rights to liberty, humane treatment and life protected by Articles 7.1, 7.2, 7.3, 7.4 and 7.5, 5.1 and 5.2 and 4.1 of the American Convention, and the right to humane treatment under Article 5.5, in connection with the rights of children established in Article 19, with respect to Marco Antonio Servellón García and Rony Alexis Betancourth Vásquez, who were under 18 years of age; that it had violated their families' right to humane treatment under Article 5.1 of the American Convention; had violated Articles 8.1, 8.2, 7.6 and 25.1 of the Convention; had violated their families' right to a fair trial and judicial protection under Articles 8.1 and 25.1 of the American Convention; all in conjunction with the general obligation to respect and guarantee rights prescribed by Article 1.1 of the Convention.

 

623.          The full text of the judgment is available at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_152_esp.doc.

 

 

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