B.2. Claims of law
23.
The Court finds that the State’s assertions at public hearing on May 10 and 11, 2022,
its brief on “full acquiescence” submitted to the Court at that time, and its brief of May 20,
2022, clearly evince Honduras’ complete recognition of responsibility for the alleged human
rights violations in the terms set forth by the Commission in its Report on the Merits and by
the representatives in their pleadings and motions brief, and that it has recognized the need
to adopt measures of reparation. The Court therefore holds that the dispute on the totality of
alleged violations has ended, to wit:
a) Violation of the right to life, the right to personal integrity, freedom of thought and
expression, freedom of association, and right to participate in government, as
enshrined in Articles 4(1), 5(1), 13(1), 16(1) and 23(1) of the American Convention,
read in conjunction with Article 1(1) and 2 thereof, resulting from the persecution and
extrajudicial execution of Herminio Deras García by agents of the State as part of the
application of the Honduran national security doctrine.
b) Violation of the right to personal integrity, the right to personal liberty, the right to
privacy, dignity and a private life, rights of the family, right to property, freedom of
movement and residence and rights of the child, enshrined in Articles 5(1), 5(2), 7(1),
7(2), 7(3), 11(1), 11(2), 17, 21, 22(1) and 19 of the American Convention, read in
conjunction with Article 1(1) thereof, resulting from the persecution, threats,
harassment, arbitrary detentions, mistreatment and torture perpetrated against
several members of Deras García’s family, some of whom were children at the time of
the facts, illegal raids and acts of destruction of their homes and belongings, and the
“situation of forced exile” of Héctor García and Alba Luz Deras García.
c) Violation of the right to a fair trial and right to judicial protection as contained in Articles
8(1) and 25 of the American Convention, read in conjunction with Article 1(1) thereof,
resulting from shortcomings and irregularities in the procedures undertaken after the
death of Deras García, and the presence of a situation of impunity up through the
present time for the failure to shed full light on the facts and to determine all the
responsibilities for the execution of Herminio Deras García. This violation also derives
from disregard of the duty to guarantee a reasonable investigation to identify and,
where relevant, to sanction all those responsible for the acts against the personal
integrity, the illegal and arbitrary arrests, the raids, and more, in injury of the family
members of Deras García.
d) Violation of the right to personal integrity and the rights of the family, set forth in
Articles 5(1) and 17(1) of the American Convention, read in conjunction with Article
1(1) thereof, as a result of the suffering caused to Herminio Deras García’s family
members and the “disintegration” and “rupture” of the family.
B.3. Reparations
24.
The Court notes that the State’s recognition of responsibility covers “measures for
comprehensive redress of the damage.” It would caution, however, that although the State,
at public hearing and in the acquiescence document, expressed its commitment to an array
of specific measures of reparation proposed by the Commission and the representatives
(supra para. 17), the Court must specifically define some of the details of certain measures
requested by the representatives and set the amounts for damages and for costs and
expenses, and it will discuss this in the relevant chapter (infra chapter VIII).