REPORT No. 56/13
PETITION 80-02
ADMISSIBILITY
HERMINIO DERAS GARCÍA ET AL.
HONDURAS
July 16, 2013

I.

SUMMARY

1.
On February 6, 2002, the Inter-American Commission on Human Rights (hereinafter the
“Commission” or “IACHR”) received a petition submitted by Eustaquia García Alvarado, Otilia Flores,
Lorena Deras, Herminio Deras Flores, Alba Luz Deras García, Irma Isabel Deras García, Consuelo Deras
García, and Luis Rolando Deras García (hereinafter “the petitioners”),1 alleging that the Republic of
Honduras (hereinafter the “State" or "Honduran State") bore responsibility for the extrajudicial execution
of Herminio Deras García, a member of the Communist Party, trade union advisor, and primary school
teacher, committed by agents of the State on January 29, 1983. They also claim that as part of the
persecution to which Herminio Deras García was subjected, his family members were the targets of
threats, assaults, illegal detention, and torture, even after his death. The petitioners also claim lack of
effective access to justice to the detriment of the family members of Herminio Deras.
2.
The petitioners hold that the State is responsible for violation of Articles 4, 5, 7, 8, 13, 16
and 25 of the American Convention Human Rights (hereinafter the "American Convention" or
“Convention"), taken in conjunction with Article 1(1) of same, as well as of the right to citizen security. For
its part, in its initial response, the State did not challenge the admissibility of the petition, saying that the
investigation of the allegations at the domestic level had taken an unreasonably long time. Subsequently,
it argued that it had complied with its obligations under Article 8 of the Convention since a domestic
judicial proceeding was opened as a result of the allegations that enabled their investigation and
clarification and a conviction of a military official.
3.
Having examined the positions of the parties and compliance with the requirements
provided in Articles 46 and 47 of the American Convention, the Commission has decided to declare the
case admissible for the purposes of examination of the alleged violations of Articles 4, 5, 7, 8, 11, 13, 16,
17, 22, 19, and 25 of the Convention in connection with Article 1(1) thereof. It has also decided to notify
the parties of this report and order its publication in its Annual Report to the OAS General Assembly.
II.

PROCESSING BY THE IACHR

4.
The IACHR received the petition and registered it as No. 80-02. After the initial filing, the
petitioners submitted further information on April 15, 2002; December 15, 2006; and March 19, 2009. On
May 11, 2010, the IACHR transmitted the pertinent portions of the petition and additional information
furnished to the State for its comments. The IACHR received the response of the State on June 16, 2010,
and forwarded it to the petitioners.

1

The petition was initially lodged by relatives of Herminio Deras García. Subsequently, the Comité de Familiares de
Detenidos Desaparecidos en Honduras [Committee for Relatives of Disappeared Detainees in Honduras] (COFADEH) presented
itself as co-petitioner before the IACHR.

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