9.
Additional brief expanding the recognition of responsibility. – The State submitted a
brief on May 20, 2022, broadening the scope of its recognition of responsibility (infra para.
18).
10.
Final written arguments and observations. – The representatives submitted their final
written arguments and additional documentation on May 22 and 23, 2022. The Commission
filed its final written observations on May 23, 2022. The State did not file final written
arguments.
11.
Observations on the annexes to the final arguments. - The State reported on June 3,
2022, and the Commission, on June 6, 2022, that they had no observations to offer concerning
the annexes to the representatives’ final written arguments.
12.
Further helpful evidence. – The State was asked on August 10, 2022, to submit certain
documentation 8 as further helpful evidence, pursuant to Article 58(b) of the Court’s Rules of
Procedure. The State submitted the documentation as requested on August 12, 2022. The
representatives submitted their comments on August 22, 2022, on the document submitted
by the State, while the Commission reported that it had no observations to make.
13.
Deliberation of the case. - The Court deliberated on the instant judgment on August
25, 2022, during its 150th regular session, in Brasilia, Brazil.
III
JURISDICTION
14.
The Court is competent to hear the instant case pursuant to article 62(3) of the
Convention, as Honduras has been a State Party to the American Convention since September
8, 1977, and recognized the contentious jurisdiction of the Court on September 9, 1981.
IV
RECOGNITION OF RESPONSIBILITY
A. Recognition of responsibility by the State and observations by the
representatives and the Commission
15.
During the public hearing on May 10 and 11, 2022, the State said that it “accepted
the facts and the rights violated as reported by the [Commission] in its Report on the Merits
and the representatives in their [pleadings and motions brief].” They stated, in this regard:
Flores, Alba Deras, Héctor David Hércules Ramírez, María Dolores Hércules Ramírez, Viviana Ivonne Rosado Yanes,
Marlen García Pineda, Lesly Banegas Frazier, Herminio Deras Flores, Patricia Alejandra Chavarría Deras, Sandra Ivone
Hernández Deras, Marlon García Barahona, Giorgio Trucchi, Nohemí Esther Pérez, Tomas Nativí Oliva, Lorena Suyapa
Rubí, Claudia Suyapa Amaya, and Ninoska Lizeth; and c) for the State: Carlos Roberto Aguilar Pineda, Ambassador
of Honduras in Costa Rica; Manuel Antonio Díaz Galeas, Public Prosecutor of Honduras and agent of the State; Nelson
Gerardo Molina Flores, attorney with the office of the Public Prosecutor of Honduras and alternate agent; Sonia
Azucena Escobar, attorney with the office of the Public Prosecutor of Honduras; Colonel Elías Antonio Melgar Urbina,
undersecretary of national defense in the Office of the Secretariat of National Defense; Aura Amparo Forbes, auxiliary
lieutenant for military justice in the Office of the Secretariat of National Defense; Auxiliary Lieutenant for military
justice in the Office of the Secretariat of National Defense; Willy Antonio Mejía Cambar, head of the Department for
Convention-based Legal Review in the Office of the Secretariat of National Defense; María Daniella Rueda Carcamo,
legal assistant in the Office of the Public Prosecutor of Honduras, and Eduardo Alemán, legal advisor to the Office of
the Minister of the Secretariat of National Defense.
8
The State was asked to submit the “official record of the arrest of Marco Tulio Regalado, setting forth the
date he was detained, the name of the facility where he was held, and the date he entered that facility.”