a law on historical memory; (j) [e]nactment of a law for investigation of responsibility by the
full chain of command; (k) [r]evision of [d]omestic legislation [o]n [t]orture; (l) development
of [p]olicies for preservation of files and sites of conscience, and (m) development of [p]olicies
for education on memory (infra chapter VIII).
18.
Finally, the State found it necessary, as indicated in its brief dated May 20, 2022, to
inform the Court expressly that the “Convention article on Domestic Legal Effects was added
to the set of rights to which the State acquiesces and recognizes its responsibility.”
19.
The Commission welcomed the State’s expression of recognition in the public hearing
and emphasized that this acquiescence covered all the matters of fact and rights raised by
the Commission in its Report on the Merits and in the representatives’ pleadings and motions
brief. It also asked the Court to deliver a judgment setting forth the facts, the violations
committed, and the measures of reparation that the State should adopt.
20.
The representatives welcomed the recognition of responsibility by Honduras. They
saluted the “State’s moral courage […] and its attitude toward the victims in the public
hearing” and reiterated that this “was the beginning of reparation and healing.” They also
asked the Court to “clarify the facts, bearing in mind the testimonies that family members,
witnesses and experts had brought before the public hearing.” They based their request on
the fact that “this [would] be a landmark case in Honduras, not only because of the standing
of Herminio Deras as a political and trade-union figure and journalist, but also because it
[would] clearly reveal the presence of political motives behind his death and the interest of
state policy in ensuring that the execution of a political opponent such as Herminio should
remain unpunished.” They added that a judgment on the merits would be important to
“strengthen the rule of law and the quest for justice and truth,” as well as “the political scope
of the State’s recognition of responsibility.”
B. Considerations of the Court
21.
In keeping with Articles 62 and 64 of the Rules of Procedure, and in the exercise of its
powers of international judicial protection of human rights, which is a matter of international
public order, the Court must ensure that acts of acquiescence be acceptable for the purposes
sought by the inter-American system. 10
B.1. The facts
22.
The Court believes that the State’s assertions made at the public hearing on May 10
and 11, 2022, and its brief of “complete acquiescence” submitted to the Court at that time
clearly reveal that Honduras has fully accepted the facts set forth by the Commission in its
Report on the Merits and by the representatives in their pleadings and motions brief. 11 The
Court therefore finds that the dispute on the full set of facts that make up the instant case
has ended, to wit, facts involving: (a) the context of serious human rights violations under
the national security doctrine in Honduras; (b) the death of Herminio Deras García; (c) facts
concerning the family of Herminio Deras García, and (d) the criminal process undertaken over
the death of Herminio Deras García.
Cf. Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008. Series C No. 177, para.
24, and Case of Guevara Díaz v. Costa Rica. Merits, Reparations and Costs. Judgment of June 22, 2022. Series C No. 453,
para. 16.
11
Facts presented by the representatives were not new, but instead, served to clarify and detail features in
the corpus of facts contained in the Report on the Merits.
10