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RESOLUTION Nš 23/86 Case
7951 HONDURAS April
18, 1986 HAVING
SEEN: 1. Resolution Nš
16/84, approved by the Commission at its 63rd Session, (October 1984),
whereby, pursuant to the provisions of Article 42 (formerly Article 39)
of its Regulations, it decided to presume to be true the facts that are
the subject matter of this case, consisting in the arrest and
disappearance of Mr. FRANCISCO FIAREN GARGI and Ms. YOLANDA SOLIS, on
December 1, 1981, in Honduras, while they were passing through that
country, and which recommended to the Government of Honduras that it
adopt the pertinent measures regarding the situation examined, viz: a)
it order a thorough investigation of the facts reported; it punish the
persons responsible for those events; and c) it inform the Commission of
the measures taken to implement its earlier recommendations. 2. That, in its
note of October 29, 1984 (Official Letter Nš 3004) the Government of
Honduras submitted observations on Resolution 16/84, requesting its
reconsideration since an investigation was under way by a (special)
Investigating Commission to clarify the complaints about alleged
violations of human rights, to identify those responsible for the facts
and to punish the persons responsible for them, and offering to send to
the Commission the reports on the results of the work of that (special)
Investigating Commission. 3. That the
Government of Honduras has not provided the information offered on the
conduct and result of any investigations made by the above-mentioned
(special) Investigating Commission nor those the IACHR requested in
order to enable to continue studying the case. 4. That the
Government of Honduras has not provided the information offered on the
work of the (special) Investigating Commission nor that which the IACHR
requested to enable it to continue to study the case. 5. That therefore
the request for reconsideration of Resolution 16/84 is unfounded and
lacks information other than that already examined by the Commission,
which could warrant a reconsideration of the decision taken by the
Commission. 6. That the
Government of Honduras has not implemented the recommendations of the
Commission or that the measures taken to implement such recommendations
have not been effective or have not succeeded in clarifying the facts
about the subject matter of the case and the punishment of the persons
responsible. CONSIDERING:
1. That from the
information presented in this case, both by the Government of Honduras
and by the petitioner, it is inferred that those persons whose rights
allegedly have been violated, or the person who is submitting the
petition in their name and on their behalf, did not have access to the
remedies of Honduran domestic law or was prevented from exhausting them;
2. That, in the
case that is the subject matter of this resolution, the Commission has
been unable, by reason of the nature of the petition, to apply the
friendly settlement procedure provided for in Article 48, paragraph 1 f
of the American Convention on Human Rights and in Article 45 of its
Regulations; 3. That since the
friendly settlement procedure is not applicable, the Commission pursuant
to the provisions of Article 51, paragraph l, of the Convention, gives
its opinion and conclusions on the issue submitted to it for
consideration; 4. That at its
67th session (April 1986) the Commission, in accordance with the
provisions of Article 51, paragraph l, of the Convention and pursuant to
paragraph 3 of that article and, in addition, since all the time limits
set for the purpose of enabling the above-mentioned Government to
implement the recommendations of the Commission contained in resolution
16/84 and to report on the measures adopted, have expired, it has
decided that the State of Honduras has not taken appropriate measures to
remedy the situation examined; 5. That, in
addition, since the friendly settlement procedure is not applicable, the
Commission may, pursuant to Article 50 of its Regulations, submit the
case to the Inter-American Court of Human Rights, if the Government has
not implemented the recommendations made, and 6. That on
September 9, 1981, the Government of Honduras declared its recognition
of the competence of the Inter-American Court of Human Rights, in
accordance with Article 62 of the Convention. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES: 1. To publish, in
all its parts, Resolution 16/84 as well as the text of this Resolution
pursuant to Article 63 g) of the Commission's Regulations. 2. To refer the
case to the Inter-American Court of Human Rights for the purposes
provided for in Article 63, paragraph 1, of the Convention and therefore
that the Court may decide that there has been a violation of the rights
to life (Article 1), to personal integrity (Article 5) and to personal
liberty (Article 7) of the American Convention on Human Rights; that the
consequences of the situation that constituted the violation of those
rights should be repaired and that fair compensation should be granted
to the injured party or parties. 3. To transmit
this Resolution to the Inter-American Court of Human Rights, to the
petitioner, and to the Government of Honduras, in accordance with the
provisions of Article 50, paragraph 1, of the Regulations of the
Commission.
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