3
Accordingly, the Commission requests the Inter-American Court to order the
following measures of reparation:
1.
Conduct a complete, impartial, effective and swift investigation of the facts
in order to identify and punish those persons found legally responsible for the conditions
that led to the fire that broke out in Cellblock 19 of the San Pedro Sula Prison on May 17,
2004.
2.
Make adequate reparations to the victims’ next of kin, which shall include
the pecuniary and non-pecuniary damages sustained as a result of the violations of their
human rights.
3.
Adopt all measures necessary to ensure that events like those that happened
in the San Pedro Sula Prison never happen again, in accordance with the duty to prevent
and guarantee those human rights recognized in the American Convention and to ensure
that conditions of detention of persons deprived of liberty are in accordance with
applicable international standards in the matter. In particular,
(a) take appropriate and effective measures to prevent overpopulation of the
prisons;
(b) provide prisons with equipment and necessary fixtures to deal, in an
adequate and efficient way, with emergency situations;
(c) train civilian and security personnel of the prisons with permanent
programs on human rights and emergency and evacuation procedures to follow in
the event of fires or any other catastrophes; and
(d) provide adequate maintenance and repair of the electrical installations at
prisons.
4.
Adjust the necessary substantive and procedural criminal laws so that the
definition of the crime of unlawful association fits the content and scope of Articles 7 and
9 of the American Convention. In particular, to clearly define objective criteria that define
membership of organizations that the law describes as illegal.
5.
Acknowledge its international responsibility for the facts denounced in Case
12,650, Rafael Arturo Pacheco Teruel et al., in an official public ceremony that has been
duly advertised.
On the other hand, in relation to the identification of the victims’ next-of-kin that
should be considered victims in this case, the Commission informs the Inter-American
Court that, as stated in paragraph 25 of the merits report, at the time of the adoption
Report 118/10, it had identified 83 relatives from 18 of the 107 victims. After the
adoption of the report on the merits, the petitioners sent the Commission an expanded
listing of family members which contains the identification of the families of a further