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The Commission submits the instant case to the jurisdiction of the Inter-American
Court due to the State’s failure to comply with the recommendations and the consequent
need to obtain justice for the victims. As established in the merits report, the death of 107
prisoners deprived of their liberty which took place on May 17, 2004, in the “bartolina” or
cell no. 19 of the San Pedro Sula Prison was the direct result of a series of structural
deficiencies in the Penitentiary Centre, which were known by the competent authorities
and it was the duty of such authorities to respond and correct them in a timely manner.
There are critical elements, such as the fact that it that it was members of "maras" who
remained isolated from the rest of the population of the prison and were confined to an
unsafe and unhealthy cell.
The facts relating to this case are ultimately a result of the Honduran prison
system’s structural deficiencies, which have been widely documented by United Nations
mechanisms, such as the Subcommittee against Torture and the Working Group on
Arbitrary Detentions, which have carried out missions to Honduras, and have noted such
shortcomings and made recommendations to the State. Also, the Inter-American Court, in
the case of López Álvarez, issued remedies erga omnes aimed at improving the conditions
in the correctional facilities of Honduras. However, the reality of the Honduran prison
system continues to be alarming.
In addition, this case is part of the overall context of the policies of public security
and prison policies aimed at combating criminal organizations known as maras. In that
regard, the situations reported in the present case are common to other Central American
countries such as El Salvador and Guatemala, and therefore a judgment of the InterAmerican Court would have a significant impact that transcends the Honduran context.
On the other hand, it has been established that the State has not undertaken the
investigation of the acts denounced and punishment of those responsible as its own legal
duty and diligently. Limited to investigation of the actions of the-then Director of the San
Pedro Sula Prison, without considering other possible lines of investigation, or inquiring
about the responsibility of other authorities.
As a result of the above-mentioned, the Inter-American Commission requests that
the Court concludes and declares the international responsibility of the State for violation
of:
a)
Articles 4(1), 5(1), 5(2) and 5(6) of the American Convention in relation with
Article 1(1) of said treaty, to the detriment of the 107 victims identified in paragraph 12 of
the merits report.
b)
Articles 5(4), 7(3) and 9 of the American Convention, in relation to Articles
1(1) and 2 of the same treaty, to the detriment of the 22 victims identified in paragraph 21
of the merits report.
c)
Articles 5(1), 8(1) and 25(1) of the American Convention, in relation to
Article 1(1) of the same treaty, to the detriment of the 83 relatives of the victims identified
in paragraph 25 of the merits report.