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.