The facts of the case refer to the death, in May 2004, of 107 inmates of “Centro Penal de San Pedro de Sula” [Correctional Facility of San Pedro de Sula], as a direct result of series of structural deficiencies present in the penitentiary. The victims were members of the so-called “Maras”, and were kept isolated from the rest of the penal population and confined in unsafe and unsanitary premises.

The IA Court framed the case in the context of the implementation of penal reforms and the policy of “zero tolerance” with which it was attempted to eradicate the Maras and gangs. Following these reforms, the police initiated the common practice of detentions based on suspicion and mass arrests with a basis in personal appearance, without a warrant from a competent authority.

The IA Court approved a friendly settlement agreement reached by the parties, in the context of which the State recognized its international responsibility. Notwithstanding this, the IA Court consolidated the development of standards on the conditions of detention and state obligations in relation to people under its custody.