REPORT Nº 15/05
PETITION 59/03
ADMISSIBILITY
CARLOS ESCALERAS MEJÍA
HONDURAS
February 24, 2005
I.

SUMMARY

1.
On January 13, 2003, the Centro por la Justicia y el Derecho
Internacional (CEJIL) [Center for Justice and International Law] filed a
petition against the Republic of Honduras (hereinafter “the Honduran
State,” “Honduras,” or “the State”) to the Inter-American Commission
on Human Rights (hereinafter “the Commission” or “the IACHR”). The
petition states that there has been a violation of Articles 4, 8, 25 and
1(1) of the American Convention on Human Rights (hereinafter “the
Convention” or “the American Convention”), to the prejudice of Carlos
Escaleras Mejía (hereinafter the “alleged victim”).
2.
The petitioners allege that the State of Honduras violated the
American Convention when it did not undertake an exhaustive and
effective investigation to punish those responsible for the homicide of
Mr. Escaleras, and, in the current national human rights context, did not
adopt effective measures to prevent crimes against environmental
activists. With respect to admissibility they allege that the unwarranted
delay in deciding domestic legal remedies exempts them from
exhausting them.
3.
The State alleged that domestic legal remedies had not been
exhausted.
4.
After an analysis of the petition and pursuant to Articles 46 and
47 of the American Convention, the Commission decided to declare the
petition admissible in regard to the alleged violations of Articles 4, 8, 25
and 1(1) of the American Convention. It also decided to notify the
parties about the report on admissibility and to publish the report in the
Annual Report to the General Assembly of the Organization.
II.

PROCESSING BEFORE THE COMMISSION

5.
On May 19, 2003, the Commission, pursuant to its Rules of
Procedure, began to process the petition. It transmitted the pertinent
sections of the petition to the Honduran State and requested a response
1

Select target paragraph3