Case N° HOND/02 - MIGUEL ANGEL PAVON SALAZAR - HONDURAS

Resolution adopted without a vote by the Inter-Parliamentary Council at its 159th session
(Beijing, 21 September 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/159/11(a)-R.1), and to the resolution adopted at its 158th session (April 1996), concerning the case of Mr. Miguel Angel Pavón Salazar, of Honduras,

Taking into account the communications from the Vice-President of the National Congress, dated 3 July and 5 August 1996,

Also taking into account the communication from the Senior Assistant of the National Commissioner for the Protection of Human Rights, dated 20 June 1996,

Further taking note of the information provided on 11 July 1996 by the Executive Secretary of the Inter-American Commission on Human Rights,

Considering that, in his communication dated 3 July 1996, the Vice-President of the National Congress transmitted a copy of a letter addressed to him by the Head of the Criminal Investigation Department (DIC) of the Prosecutor General's Office, informing him that a special group had been set up and assigned the task of accomplishing, within 30 days, the investigations regarding the murder of Mr. Pavón in order to ascertain whether there was any realistic hope of elucidating the circumstances of that crime; that moreover, the Vice-President also transmitted a copy of a letter of 10 July 1996 from the President of the Human Rights Commission of the National Congress, Ms. Blanca Valladares de Rivera, Supreme Court judge in charge of cases involving murders and disappearances, requesting her to ensure that justice was duly dispensed in the case of Mr. Pavón,

Considering that, by letter dated 5 August 1996, the Vice-President of the National Congress transmitted a copy of the preliminary report, dated 16 July, written by the two investigators appointed by the Head of the DIC on 4 July 1996 to carry out certain investigations into the murder of Mr. Pavón,

Considering that, according to their report, apart from collecting relevant documents and information from various competent bodies, the two investigators have taken measures to ascertain the whereabouts of the main suspects in this case, (Wilfredo Orellana, Jordi Montañola Escobar, Mario Asdrubal Quiñónez, Jaime Rosales, José Ramón Mejía Rodríguez and Oscar Ramón Hernández Chávez); the whereabouts of the only eyewitness of the crime and other witnesses and of Mr. Pavón's family members; they also intend to examine the relevant files of the former National Investigation Services (DNI) and ascertain any progress made by the Third Criminal Court (Juzgado Tercero de lo Criminal) of San Pedro Sula, which is entrusted with this case,

Considering also that, in its communication dated 20 June 1996, the Office of the National Commissioner for the Protection of Human Rights reported that it had continuously monitored the judicial proceedings; that, during its visit on 16 January 1996 to the competent judge in San Pedro Sula, it noted that no progress in the investigations had been made since November 1994; that it was obliged so to note on its visit of 4 March 1996; that on the occasion of its last visit on 14 June 1996, it noted that on 20 March 1996 Prosecutor José Cruz Domínguez had taken over the case; that, however, neither the Prosecutor nor the Court had instituted any proceedings; that the case was still at the preliminary investigation stage,

Recalling finally the information provided by the Special Prosecutor for Human Rights on 26 March 1996, that there had been no significant developments in the judicial proceedings since the previous year; that, however, the Criminal Investigation Department (DIC) was at present trying to ascertain the whereabouts of the sole eyewitness of the event; that likewise a number of suspects from the former National Investigation Department (DNI) were under investigation; that her Office had asked the First Criminal Court of Francisco Morazán Department to send letters rogatory to the El Canadá judicial authorities for the purpose of a hearing of the testimonies of four ex-members of Intelligence Battalion 3-16, Florencio Caballero, José Barrera Martínez, Fausto Reyes Caballero and José Valle, who will need to appear before the judge of the locality where they live in El Canadá, also in connection with the assassination of Mr. Pavón,

Recalling that the Inter-American Commission on Human Rights, after concluding that "the Government of Honduras had failed to comply with its obligations under Article 4 (right to life), Article 8 (right to a fair trial) and Article 25 (right to judicial protection) of the American Convention on Human Rights", was continuing its proceedings to obtain redress,

1. Thanks the Honduran authorities for their co-operation and the information they have provided;

2. Welcomes the action taken by the National Congress of Honduras and is confident that its resolve thus displayed to see justice done in this case will yield concrete results;

3. Notes with satisfaction that the Criminal Investigation Department has launched a new investigation into the murder of Mr. Pavón, and hopes that it will lead to progress towards a settlement of this case, restoring respect for the right to justice;

4. Desires to ascertain the outcome of the earlier investigations referred to by the Special Human Rights Prosecutor in a letter of 26 March 1996, which the DIC apparently conducted to ascertain the whereabouts of the sole eyewitness of the murder and investigate a number of suspects from the former National Investigation Department (DNI);

5. Remains concerned that, according to the National Commissioner for the Protection of Human Rights, neither the competent court nor the newly appointed Prosecutor has taken any investigative action, which seems to indicate a consistent lack of interest of the investigating judicial authorities in carrying out a proper investigation; expresses, however, the strong hope that the insistence of the Congress of Honduras on not letting the murder of one of its former members go unpunished and on combating impunity, will indeed bear fruit;

6. Emphasizes once more, that, in accordance with generally accepted standards of human rights, the families of victims are entitled to adequate material compensation;

7. Requests the Secretary General to convey these considerations to the National Congress of Honduras and the competent authorities, requesting them to keep the Committee informed of progress in the relevant investigations;

8. Also requests the Secretary General to maintain contact with the Inter-American Commission on Human Rights regarding this case;

9. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April 1997).