iii.
iv.
the right to participate in government (Article 23 of the Convention), in relation to
Article 1(1) thereof, to the detriment of Carlos Luna López.
the right to humane treatment (Article 5(1) of the Convention), in relation to
Article 1(1) thereof, to the detriment of the family of Mr. Luna López, namely
Mariana Lubina López, Rosa Margarita Valle Hernández, Carlos Antonio Luna Valle,
Lubina Mariana Luna Valle, César Augusto Luna Valle, Allan Miguel Luna Valle,
José Fredy Luna Valle and Roger Herminio Luna Valle.
b. Recommendations. Consequently, the Commission made a series of recommendations
to the State:
i.
ii.
iii.
iv.
provide adequate reparation for the human rights violations declared in the Report
on Merits in both material and moral aspects;
conduct and complete an impartial and effective judicial investigation, in an
expeditious manner, to establish the circumstances that resulted in the death of
Mr. Luna López, identify all the persons involved in his death at the different
decision-making and executive levels and impose the appropriate sanctions;
order the corresponding administrative, disciplinary or legal measures in relation
to the actions or omissions by state officials which contributed to a denial of
justice and impunity in this case, and
adopt legislative, institutional and legal measures in order to reduce the risks to
which human rights defenders are exposed, when in situations of vulnerability. In
this regard, the State should:
1. strengthen its institutional capacity to combat the pattern of impunity in cases
of threats and deaths of human rights defenders, through the formulation of
investigation protocols that take into account the risks inherent to human
rights work, and in particular the right to a healthy environment, leading to
the sanction of those responsible and to appropriate reparation for the victims.
Furthermore, the State must ensure that when public officials are involved in
investigations on human rights violations, such investigations are conducted
efficiently and independently;
2. strengthen the mechanisms to effectively protect witnesses, victims and their
families who are at risk as a result of their connection to the investigation, and
3. develop appropriate and timely measures for institutional response to ensure
effective protection for human rights advocates in situations of risk.
d) Notification to the State. On August 10, 2011, the Report on Merits was notified to the State,
which was granted a period of two months to report on compliance with the recommendations.
e) Extension. On October 7, 2011, the State requested an extension of the deadline for
compliance with the recommendations made in Report No. 100/11, which was granted by the
Commission. Nevertheless, on October 20, 2011, the State presented its report to the
Commission on its compliance with the aforementioned recommendations.
f) Submission to the Court. On November 10, 2011, the Commission submitted the case to the
Court in consideration of “the need to obtain justice for the victims, given the State’s failure to
comply with the recommendations. In this regard, the Commission point[ed] out that 13
years after the events, the Honduran State had still not conducted a diligent and effective
investigation in the [facts], had not determined the responsibilities of the intellectual authors
[…], nor had it opened an investigation into the clear evidence regarding the involvement of
state officials.” The Commission appointed Commissioner Felipe González and then Executive
Secretary Santiago A. Canton as its delegates before the Court, and Elizabeth Abi-Mershed,
Assistant Executive Secretary, Karla Quintana and Isabel Madariaga Cuneo, attorneys of the
Executive Secretariat, as its legal advisors.
3.
Requests from the Inter-American Commission.
Based on the foregoing, the
Commission asked the Court to declare the State’s international responsibility for the
violations of: a) Article 4 of the Convention, in relation to Article 1(1) thereof, to the
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