Fairén Garbi and Solís Corrales v. Honduras
Deprivation of Liberty | Evidence | Judicial Protection | Duty to Investigate
On the question of the State's failure to investigate the case, the Court found that there was insufficient evidence to hold the Honduran Government responsible for the disappearances, due to a certificate produced, showing that the disappeared had entered the territory of Guatemala. Nonetheless, the Court noted that the Honduran State agencies had acted in a contradictory manner, including by providing different responses to the question of whether the victims had entered the territory of Honduras.
May 15, 1989
Article 1 [ACHR], Article 4 [ACHR], Article 5 [ACHR], Article 7 [ACHR]
Facts of the Case
Mr. Francisco Fairén Garbi, a student and public employee, and Mrs. Yolanda Solís Corrales, an educator, entered Honduras on 11 December 1981, on their way to Mexico. At the time of proceedings, their fate and whereabouts remained unknown. The events took place in a context in which, between 1981 and 1984, between 100 and 150 people disappeared, generally at the hands of armed and disguised men dressed in civilian clothes, who were using vehicles without official identification, without official licence plates (or with false ones), and with tinted windows, and who were acting with apparent impunity.