[W]e recognize that the situations as reported, concerning facts in the instant case, qualify
as acts of torture, and cruel, inhuman, degrading treatment, in keeping with the Report on
the Merits and the brief with pleadings, motions and evidence, […] and ongoing acts of
persecution that persisted and led to the unfortunate extrajudicial execution of Herminio
Deras García on January 29, 1983, and these acts broadened to include denigration and
forced exile after his death, in injury of his family. […]
[T]he State communicates […] its acceptance of the facts and the rights violated as stated
by the [Commission] in its [R]eport on the [M]erits and the representatives in their
[pleadings and motions brief], and so affirms hereby in writing. […]
With respect to the full redress of damage, the State, in view of the case law of the InterAmerican Court of Human Rights and based on the recommendations by the Inter-American
Commission, acquiesces to comprehensive reparations for the victims and their family
members, so as to repair the damage caused by the human rights violations.
16.
Furthermore, in the document “Full Acquiescence in Case CDH-16-2020 Deras García
et al [v.] Honduras,” 9 submitted by the State on May 11, 2022, in the framework of the public
hearing specified supra, the State reiterated this position and added:
The purpose of this document is full acquiescence in the case. […]
[T]he State of Honduras expressly recognizes that it is responsible for violating the following
rights contained in the [American Convention] : (1) right to life established in Article 4(1);
(2) right to personal integrity established in Article 5(1) 5(2); (3) right to personal liberty
established in Article 7(1)(2)(3); (4) right to judicial guarantees established in Articles 8(1)
and 25(1); (5) right to privacy established in Article 11(2); (6) freedom of thought and
expression established in Article 13(1); (7) freedom of association established in Article
16(1); (8) rights of the family established in Article 17; (9) right to special protection of
children established in Article 19; (10) right to property established in Article 21; (11)
freedom of movement and residence established in Article 22(1), and (12) right to
participate in government established in Article 23, all in conjunction with the violation of
the general obligations set forth in Article 1(1) of this international instrument, in injury of
the victim and members of his family. […]
The victims recognized in this case are those indicated in [R]eport on [M]erits No. 158/19,
as follows: 1. Herminio Deras García (deceased); 2. Otilia Flores Ortiz, widow of Sr. Deras
García; 3. Herminio Deras, son; 4. Lorena Deras Flores, daughter; 5. María Eustaquía García,
mother (deceased); 6. Domingo Deras, father (deceased); 7. Irma Isabel Deras García,
sister; 8. Luis Rolando Deras García, brother; 9. Consuelo Deras García, sister (deceased);
10. Alba Luz Deras García, sister; 11. Héctor Deras García, brother (deceased); 12. José
Herminio García, nephew; 13. Sandra Ivonne Hernández Deras, niece; 14. Marlon Javier
García Barahona, nephew; 15. Marlen García Pineda, cousin; 16. Julio César Chavarría
Benegas, brother-in-law; 17. Cristóbal Rufino Hernández, brother-in-law, better known as
H. Pérez (deceased), and 18. Elba Flores Ortiz, sister-in-law.
17.
The State noted, additionally, “its full willingness to resolve this matter and honor the
reparations set forth in the [acquiescence document] and in the judgment that the Court will
hand down over the course of this process.” Similarly, it expressed its commitment to “full
redress for the victims and their family members” under the terms set forth in its
acquiescence. The State therefore committed to the following measures: (a) closure of police
and judicial records on family members of Herminio Deras García; (b) medical and
psychological care; (c) compensatory damages to be determined by the Court; (d) publication
and dissemination of the judgment; (e) a public act of recognition of international
responsibility; (f) building a mausoleum in memory of Herminio Deras García; (g) conducting
a “thorough and effective investigation of the human rights violations found in the” [R]eport
on the [M]erits; (h) payment of costs and expenses ordered by the Court; (i) [e]nactment of
Cf. “Allanamiento Total del Caso CDH-16-2020 Deras García y otros [Vs.] Honduras”, May 11, 2022 (merits
file, folios 483 to 500).
9