detriment of Carlos Luna López; b) Articles 8, 25 and 5(1) of the Convention, in relation to
Article1(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, and c) Article 23 of the Convention in relation to Article 1(1) thereof,
to the detriment of Carlos Luna López.
II
PROCEEDINGS BEFORE THE COURT
4.
Notification to the State and the representatives. The Commission’s submission of the
case was notified to the State and to the representatives on February 20, 2012.
5.
Brief of pleadings, motions and evidence. On April 21, 2012, the representatives of
the presumed victims submitted their brief of pleadings, motions and evidence (hereinafter,
“brief of pleadings and motions”) to the Court. They agreed with the legal claims made by
the Commission.3 Finally, they asked the Court to order the State to adopt several
measures of reparation and provide reimbursement for certain costs and expenses.
Answer brief. On August 3, 2012, the State presented its brief in response to the
brief submitting the case and observations on the brief of pleadings and motions
(hereinafter, “answer brief”) to the Court. It appointed Ethel Deras Enamorado, Attorney
General of the Republic, as its principal Agent and Ricardo Rodríguez, Assistant Attorney
General of the Republic, as its Alternate Agent.
6.
7.
Public hearing and additional evidence. By means of an Order issued by the
President of the Court on December 20, 2012, and the Court on January 31, 2013, 4 the
parties were summoned to a public hearing to present their final oral arguments and
observations on the merits, reparations and costs and to receive the statements of César
Luna Valle, presumed victim; Omar Menjívar Rosales and Adrián Octavio Rosales, witnesses,
and the expert opinion of Juan Antonio Mejía Guerra. The public hearing took place on
February 7, 2013, at the Court during its 98th Regular Period of Sessions.5 At the hearing,
the statements of the persons summoned convened were received along with the final oral
observations and arguments of the Commission, the presumed victims’ representatives and
the State, respectively. Subsequent to the hearing, the Court required the parties to present
specific information and documentation for a better decision. Additionally, the statements
requested by the President of the Court’s Order of December 20, 2012, were received (infra
para. 11).
3
In addition, the representatives alleged the violation of Article 5(1) (humane treatment) by the State to
the detriment of Carlos Luna López (Merits file, pages 172 to 174).
4
Cf. Case of Luna López v. Honduras. Order of the President of the Inter-American Court of December 20,
2012. Available at: http://www.corteidh.or.cr/docs/asuntos/luna_20_12_12.pdf and Cf. Case of Luna López v.
Honduras.
Order
of
the
Inter-American
Court
of
January
31,
2013.
Available
at:
http://www.corteidh.or.cr./docs/asuntos/lunalopez_31_01_13.pdf.
5
The following persons appeared at this hearing: a) for the Commission: Jose de Jesús Orozco Henríquez,
Silvia Serrano Guzmán and Jorge H. Meza Flores; b) for the representatives of the alleged victims: Joaquín A. Mejía,
Marcia Aguiluz, Alejandra Nuño and Paola Limón, and c) for the State of Honduras: Jair López Zúñiga and Sonia
Gálvez.
6