based15, the requirement of having legal representation 16, and the lack of interpretation in the domestic administrative and judicial proceedings, as well as the disability of the divers in most cases. 15. In view of the foregoing, the petitioners indicate that the State is responsible for violating the fundamental rights to life and humane treatment of the following persons 17: a. The right to life, because they died: (1) Opario Lemoth Morris (2001); (2) Timoteo Lemus Pizzati (2002); (3) Saipón Richard Toledo (2004); (4) Licar Méndez G., 16 years of age (2003)18; (5) Eran Herrera Paulisto (2002); (6) José Martínez López (2004); (7) Alfredo Francisco Brown (2004); (8) Rómulo Flores Enríquez; (9) José Trino Pérez Nacril; (10) Bernardo Julián Trino; (11) Lorenzo Lemon Bonaparte; (12) Andrés Miranda Clemente; (13) Hildo Ambrocio Trino; (14) Amilton Bonaparte Clemente; (15) Bernardo Blakaus Emos; (16) Alí Herrera Ayanco; (17) Mármol Williams García; (18) José Martínez López; (19) Alfredo Francisco Brown Manister; (20) Ramón Allen Ferman; (21) Róger Gómez Alfred; (22) Saipon Richard Toledo; (23) Ramon Allen Felman; (24) Especel Bradle Valeriano; (25) Próspero Bendles Marcelino; and (26) Timoteo Salazar Zelaya (2002). b. The right to humane treatment because they suffered decompression syndrome resulting in different levels of disability: (1) Flaviano Martínez López (1992); (2) Carcoth Padmoe Millar (1993); (3) Cooper Cresencio (1999); (4) Willy Gómez Pastor (2003); (5) Roberto Flores Esteban (2000); (6) Efraín Rosales Kirington (2003); (7) Daniel Dereck (2000); (8) Evecleto Londres Yumidal (2001); (9) David Esteban Bradley (2003); (10) Amisterio Bans Valeriano (2000); (11) Ex Dereck Claro (1995); (12) Ralph Valderramos Álvarez (1996); (13) Leonel Saty Méndez (2001); (14) Arpin Robles Tatayon (2002); (15) Fredy Federico Salazar (2003); (16) Félix Osorio Presby (1995); (17) Onasis Cooper Brown (2001);(18) Melecio Pamistan Maick (2003); (19) Rolando Monico Thomas (1999); (20) Daniel Flores Reyes (2002); (21) Efraín Rosales Kirington (2003); and (22) Carlos Castellón Cárdenas (2000). 15 They indicate that during the conciliation proceeding, which lasts approximately six months, they must go to Puerto Lempira, La Ceiba, or Tegucigalpa several times, both for the medical evaluation by the Secretariat of Labor and Social Security and to establish the amount of compensation and the successive steps, which is extremely costly and burdensome for them, given their situation of extreme poverty. For the divers who have suffered an accident or their family members, it is almost impossible to go to the places where the administrative and judicial offices are located. 16 In judicial and non-judicial settings, the workers need the representation of counsel; otherwise they are to be represented by the labor public defender (Procuraduría de Trabajo). The public defender may desist from providing legal counsel to the workers in the following situations: when he considers that the business to which a request refers is legally unsustainable, when the workers attempt to get the public defenders’ office (Procuraduría) to go to trial with private defense counsel, and when the opinion of the Medical Section of the Secretariat of Labor, with respect to occupational risks, is contrary to the claim of the person making the request. Labor Code of Honduras, Articles 637,638, 641, and 643. 17 The petitioners individually identified alleged victims in the petition and subsequent observations. See briefs and documents submitted by the petitioners, December 7, 2004; August 14 and September 18, 2006; December 18, 2007; July 7, August 4 and 12, 2008. 18 At the time of his disappearance on December 12, 2003, he was 16 years old. They note that the captain of the vessel punished him by leaving him at high sea for having lost the diver that he was backing up, telling him he would pick him up in the afternoon, but on returning he was no longer there; they add that there was bad weather that day. Petitioners’ brief of November 5 2004, p. 12.

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