Report No. 85 (2014) IACHR. Petition No. 11.135 (Honduras)

• Year: 2014
• Petition Number: 11.135
• Report Number: 85
• Respondent State: Honduras
• Case Type: Archive
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Mario Enrique Ramírez

REPORT No. 85/14

PETITION 11.135

REPORT ON ARCHIVE

MARIO ENRIQUE RAMÍREZ

HONDURAS

OEA/Ser.L/V/II.152

Doc. 17

15 A. 2014

Original: Spanish

Approved by the Commission at its session No. 2002 held on A. 15, 2014
152 Special Period of Sessions

Cite as: IACHR, Report No. 85/14, P. 11.135. A.. M.E.R.írez. Honduras. A. 15, 2014.

www.cidh.org

REPORT No. 85/14

CASE 11.135

DECISION TO ARCHIVE

MARIO ENRIQUE RAMÍREZ

HONDURAS

AUGUST 15, 2014

ALLEGED VICTIM: Mario Enrique Ramírez

PETITIONER: Roberto O. Ramírez

ALLEGED VIOLATIONS: The petitioner did not invoke articles contained in the American Convention on Human Rights.

DATE PROCESSING BEGAN: M. 30, 1993

1. POSITION OF THE PETITIONER

1. On December 3, 1992, the Inter-American Commission on Human Rights (hereinafter "IACHR") received a petition from Roberto O. Ramírez against the S. of Honduras. The complaint alleged lack of judicial protection and guarantees of due process in the investigation into the murder of his brother M.E.R.. The petitioner also indicated that the person allegedly responsible for the murder is a person with close ties to state authorities and that, due to influence exerted by him, false witnesses were allegedly included in the investigation, many of whom belong to or are activists of the governing party. The petitioner further alleges that his family and his defense attorney had been threatened and attacked.

2. POSITION OF THE STATE

2. The S. of Honduras did not present any information.

3. PROCESSING BY THE IACHR

3. On December 3, 1992 the Inter-American Commission on Human Rights received the petition and assigned it the number 11.135. On M. 30, 1993 the IACHR transmitted the pertinent parts to the S. and requested that it provide any information it deemed appropriate within 90 days. The IACHR repeated its request to the S. that it respond to the petition on November 8, 1993; J. 19, 1997; J. 25, 1997; J. 16, 1998; and February 22, 1999. The S. never answered.

4. On December 22, 1993, the IACHR received further information from the petitioner; the pertinent parts were forwarded to the S. for its observations. The S. did not reply. On April 26, 1996, the IACHR placed itself at the disposal of the parties in order to facilitate a possible friendly settlement.

5. On December 19, 2011 the IACHR requested an update on the case from the petitioner, in order to ascertain whether the grounds for the petition subsisted, and it pointed out that, should no information be received by the date indicated, the IACHR would proceed to archive the petition, pursuant to Article 48.1.b of the American Convention on Human Rights and Article 42 of its Rules of Procedure. There was no reply from the petitioner.

4. BASIS FOR THE DECISION TO ARCHIVE

6. Article 48.1 of the American Convention on Human Rights and Article 42 of the IACHR's Rules of Procedure establish that, at any point in the proceedings, the Commission shall ascertain whether the grounds for the petition still exist or subsist and if it believes they do not, it shall order the case to be archived. L., Article 42.1.b of its Rules of Procedure establishes that the IACHR may decide to archive a case when the information...