14
Court] […], and pursuant to that stated in Article 54 of [its] Rules of Procedure […], inform
the State of Honduras of said facts so it may implement [said] State’s legislation.”32
40.
The representatives referred to, among others, “a violation to the principle of good
procedural faith by the State of Honduras, by trying to discredit a testimony with subjective
assessments without any legal grounds and dishonestly,” that they were trying to “once more
disregard the right to express [themselves] in [their] own language,” and they denounced
“th[at] act of the State as a serious reprisal against the victims, those offering their statement,
and the representatives.” The aforementioned would also evidence “an intelligence follow-up
to those who have offered their statements and the representatives in the case” and “[t]he
recording of [the] video indicate[s] that the State carr[ied] out inquiries directly related with
the participation of those offering their statements in the international proceedings as reprisal
for their testimonies.” The representatives indicated that this would result in a violation of
Article 53 of the Rules of Procedure of the Court.
41.
The Commission indicated that the representatives’ request to admit an interpreter of
the Garífuna language to translate the statement of witness Flores at the public hearing had
been granted by the President of the Court at the meeting prior to it and that “at said meeting
the State [had] not question[ed] the participation of an interpreter for Mrs. Flores.” It added
that “the decision to allow a person to use an interpreter at a hearing does not necessarily
derive from the fact that he or she does not speak the official language of the case, but of a
greater fluency that allows for a greater possibility to express oneself in one’s own language,
in this case the Garífuna language” which would be “an important expression of the cultural
identity of said indigenous people” and it added that “the statement offered by Mrs. Flores at
the public hearing was made respecting the Court’s regulatory norms.”
42.
It is important to mention that this Court will not go on record regarding the content
of the interview carried out with Mrs. Flores, given that it can be concluded from the State’s
brief that it only presented said evidence to prove that the witness speaks the Spanish
language as grounds for its request regarding Article 54 of the Rules of Procedure of the
Court. In this sense, this Court verifies that the witness, in her statement offered at the public
hearing, never referred to her knowledge of the Spanish language, thus her statement cannot
be considered a false deposition in the terms of Article 54 of the Rules of Procedure of the
Court. As a result, the State’s mentioned request is denied. Similarly, the Court recalls that
the freedom of expression implies the right of people to use the language of their choice when
expressing their thoughts33 and that, in that sense, a person offering their statement may do
so in the language they are most fluent in so they may express themselves adequately.
43.
On the other hand, the State is reminded, as was informed to the witness before
offering her statement at the public hearing, that Article 53 of the Rules of Procedure of the
Court regarding the “[p]rotection of alleged victims, witnesses, expert witnesses,
representatives, and legal advisers” indicates that “[s]tates may not institute proceedings
Article 54 of the Rules of Procedure of the Court refers to the “failure to appear or false testimony” and
indicates that: “[w]hen a person summoned to appear or declare before the Court fails to appear or refuses to render
a statement without legitimate cause, or when, in the opinion of the Court, he or she has violated his or her oath or
solemn declaration, the Court shall inform the State with jurisdiction over that witness so that appropriate action
may be taken under the relevant domestic legislation.”
32
Cfr. Case of López Álvarez v. Honduras. Merits, Reparations, and Costs. Judgment of February 1, 2006,
Series C No. 141, para. 164. Additionally, this Court points out that the presenter of the show mentioned that the
interview had been carried out “completely in the Spanish language,” which was in fact proven with the recording of
the interview. However, the representatives, in their brief of May 5, 2014, which was forwarded to the State through
a note from the Secretariat of the 8th day of that same month and year, requested that an interpreter be accepted
to translate the statement of witness Flores who “despite speaking Spanish saw her cultural expression limited in the
Spanish language.” Therefore, the Court verifies that the representatives never denied that the witness spoke
Spanish, even though in a limited manner in some aspects.
33