32.
As regards the exhaustion of domestic remedies, the petitioners argue
different situations:
(a)
Legal actions filed by the alleged victims in the administrative and judicial
forums, from 1994 to 2004, for workplace accidents and death of divers; these are at different
procedural stages without any response32, which constitutes an unwarranted delay in
resolving the complaints.
32 The following persons filed administrative and judicial claims: (1) Carcoth Padmoe Miller;
on August 8, 1994, he filed a claim for compensation with the Office of Occupational Health
and Safety of the Municipality of the Distrito Central. (2) Crescencio Cooper Jems; on
November 8, 2003, he filed an administrative claim in Puerto Lempira with the Secretariat of
State in the offices of Labor and Social Security. (3) Willy Gómez Pastor; on October 1, 2003,
he filed a claim with the Secretariat of Labor in Puerto Lempira. (4) Roberto Flores Esteban;
on November 17, 2003, he filed a claim for compensation. (5) Saipon Richard Toledo; on
March 29, 2004, the record of the hearing was drawn up attesting to the appearance of Mr.
Anastacio Richard Bais, father of the deceased, who filed the claim for fatal occupational
accident with the Secretariat of Labor in Puerto Lempira. (6) Efraín Rosales Kirrinton; on
February 12, 2004, he went before the Secretariat of Labor in Puerto Lempira to file a claim
for compensation due to occupational accident. (7) Daniel Dereck Thomas; on April 28, 2004,
he appeared before the Secretariat of Labor in Puerto Lempira to file a claim for compensation
for occupational accident. (8) Eran Herrera Paulisto; on November 5, 2002, Sofía Flores
Paulisto filed a labor claim for the death of Mr. Herrera Paulisto. (9) Evecleto Londres Yumida;
on October 14, 2004, he signed a certificate of agreement (acta de compromiso) with diver
intermediary Erbacio Martínez in Puerto Lempira, who undertook to pay, in two parts, the sum
of 2,000.00 lempiras under the labor law to Mr. Londres Yumida. The record does not reflect
that said agreement was carried out. (10) David Esteban Bradley; he went before the
Secretariat of Labor in Puerto Lempira, at a date uncertain, to request the payment of
compensation for permanent disability due to an occupational accident. (11) Amisterio Bans
Valeriano; on December 13, 2000, he filed a claim with the Secretariat of Labor in La Ceiba.
(12) José Martínez López; Mr. José Marín (diver intermediary) reported the facts of the
accident to the Justice of the Peace of Brus Laguna on November 28, 2003, yet it has not
been investigated. (13) Opario Lemoth Morris; on May 2, 2001, the employer, through the
Juzgado de Letras of Puerto Lempira, paid 2,000 lempiras in funeral costs. (14) Ex Dereck
Claros; on October 22, 1997, he filed a labor action before the Juzgado de Letras
Departamental of Puerto Lempira for payment of compensation for an occupational accident
with permanent partial disability and temporary disability. (15) Ralph Valderramos Álvarez;
on June 10, 1996, he filed a labor claim before the General Bureau of Social Security of the
Ministry of Labor in Roatán, Islas de Bahía; it did not take up the matter because the
respondent filed a dilatory objection of lack of jurisdiction of the court, which was upheld. On
March 23, 1997, Mr. Valderramos once again filed the action for the payment of compensation
in the Juzgado de Letras Departamental of Puerto Lempira. Nothing was done to notify the
respondent and continue with the proceeding. (16) Timoteo Lemus Pissaty; on March 8, 2003,
he appeared before the Secretariat of Labor in Puerto Lempira to lodge a formal claim. On
November 18, 2004, Mr. Lemus’s next-of-kin filed a labor action before the Juzgado de Letras
Departamental of Roatán. Similarly, the next-of-kin of Messrs. (17) Andrés Miranda Clemente,
(18) Lorenzo Lemon Bonaparte, (19) Bernardo Julián Trino, (20) José Trino Pérez, (21)
Rómulo Flores Henríquez, (22) Amilton Clemente Bonaparte and (23) Hildo Ambrosio filed
administrative claims on November 20, 2000, before the Secretariat of Labor of La Ceiba. On
March 4, 2002, the family members filed a judicial action before the Juzgado de Letras of
Puerto Lempira, which was not taken up until two years later.