9 44. Furthermore, neither the American Convention nor the Rules of Procedure of the IACHR require that the petition identify the specific rights allegedly violated by the State in a matter submitted to the Commission, though the petitioners may do so. It is up to the Commission, based on the case-law of the system, to determine in its admissibility reports which provision of the relevant inter-American instruments is applicable or could be established as having been violated, if the facts alleged are sufficiently proven. 45. In this case, the petitioners claim a violation of the right to life of Herminio Deras García, a trade unionist and member of the Communist Party of Honduras, allegedly committed by agents of the state. The petitioners also allege a lack of due diligence in the investigation and punishment of the facts It also claims that several members of his family were illegally detained,10 abducted, and tortured by state agents and that their homes were raided without a court order. The alleged acts of violence described in the petition include assaults on children. 46. The petition also says that the extrajudicial execution of Herminio Deras and the persecution of his family stemmed from his membership of the Communist Party and his activities as a trade unionist. With respect to access to information, they claim that they had difficulties in obtaining a copy of the judicial record and that when they did get a copy it was incomplete. 47. The Commission finds that, if true, the facts described by the petitioners concerning the alleged extrajudicial execution of Herminio Deras and the persecution owing to his membership of a political party or trade union could characterize a violation of rights recognized in Articles 4, 13, and 16 of the American Convention, in connection with Article 1(1) of said instrument. It also considers that they could characterize a violation of rights recognized in Articles 5, 7, 8, and 25 of the American Convention, in connection with Article 1(1) of said instrument, to the detriment of the relatives of Herminio Deras García. 48. In addition, the Commission considers that the facts described in the petition concerning alleged trespass difficulties in obtaining access to the information contained in the record of the domestic judicial proceeding, the disintegration of the family, and impairment of the right to freedom of movement and residence could amount to violations of rights contained in Articles 11, 13, 17, 22, and 19 of the American Convention, taken in conjunction with Article 1(1) of that instrument, to the detriment of the relatives of Herminio Deras García.11 Likewise, the Commission will examine the alleged facts in the light of Article 19 of the American Convention, interpreted in accordance with the corpus juris on the rights of children, with respect to the alleged victims who were children at the time of the alleged violations. 10 The petitioners have included the following members of the Deras García family as alleged victims of acts of repression reportedly committed by the authorities; Maria Eustaquia García Alvarado, Domingo Deras, Otilia Flores, Elba Flores, Lorena Deras Flores, Herminio Deras Flores, Alba Luz Deras García, Irma Isabel Deras García, Consuelo Deras García, Luis Rolando Deras García, Héctor García, Sandra Ivon Hernández Deras, Marlen García, Cristóbal Hernández, José Herminio García Barahona, Julio César Chavarría Banegas, and Héctor Deras. 11 The alleged victims’ family members are included pursuant to the provisions contained in Article 35(1) of the Rules of Procedure of the Inter-American Court of Human Rights and its case-law. See I/A Court H.R. Case of Radilla Pacheco v. Mexico. Judgment of November 23, 2009, and I/A Court H.R., Order of the Court of January 19, 2009, Case of González et al. (“Cotton Field”) v. Mexico. Request to include other alleged victims and refusal to forward written evidence.

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