the neck, and legs. He pointed out that he cannot walk much because he often stumbles. He added that he does
not receive any medical treatment for his pain and, when he does buy medicines, he has to buy them himself.221
23.
Licar Méndez
149.
Mamerto Mensy Gream, the father of Licar Méndez, stated that, on December 12, 2003, his son
disappeared while working on the fishing vessel Mis Yolany owned by Mr. Darwin. He claimed that his son was
16 years old and that he had been working on said vessel for six days. According to Mr. Mensy, the captain of
the vessel had left his son in the cayuco [dugout canoe] to punish him for having let a diver go missing. He added
that the captain went alone to pick up the diver himself and when he came back hours later he did not find Licar
Méndez.222
150.
On January 21, 2004, Mamerto Mensy Gream filed a claim with the Labor Inspector because
of what had happened to his son.223 From available information, it is apparent that these proceedings did not
produce any results.
24.
Roberto Flores Esteban
151.
Roberto Flores Esteban stated that, on February 23, 2000, he had an accident while working
as a fishing diver on the fishing vessel Capitán Zapata owned by Rafael Zapata. He indicated that, after a very
deep dive, one of his legs was numb. He indicated that the following day he was taken to the community of
Cauquira where he was hospitalized for two weeks and placed in the hyperbaric chamber of FUDEMA. 224
According to the medical certificate of November 2003 from the Hospital of Puerto Lempira, Mr. Flores had
decompression sickness “with 30% alteration in his walking.”225
152.
On November 17, 2003, Mr. Flores filed a compensation claim with the Labor Inspector for the
occupational accident he had had, stating that Rafael Zapata paid him only 4,000.00 lempiras.226 On April 1,
2004, the Secretariat for Labor Affairs and Social Security recorded Mr. Zapata’s failure to appear. 227 From
available information, it is apparent that these proceedings did not produce any results.
153.
According to the statement made by his wife in 2012, Mr. Flores was bedridden, was unable
to move his arms and legs, and was not receiving any medical care.228
25.
Daniel Dereck
154.
Daniel Dereck stated that, on November 5, 2000, he had an accident while working as a fishing
diver on the fishing vessel South West owned by Jaime Thomson. He pointed out that, after a very deep dive
and surfacing, his body was paralyzed. He claimed that the following day he was taken to the city of Roatán
where he was hospitalized for more than a week and placed in the hyperbaric chamber there.229
Interview with Willy Gómez Pastor on August 6, 2012. Audio No. 8. Annex to the communication from the petitioners of February 12,
2015.
222 Formal compensation claim filed by Mamerto Mensy Gream against Mr. Darwin on January 21, 2004. Annex to the initial petition
received on November 5, 2004.
223 Formal compensation claim filed by Mamerto Mensy Gream against Mr. Darwin on January 21, 2004. Annex to the initial petition
received on November 5, 2004.
224 Formal compensation claim filed by Roberto Flores Esteban against Rafael Zapata on November 17, 2003. Annex to the initial petition
received on November 5, 2004.
225 Medical record from the Hospital of Puerto Lempira, November 17, 2003. Annex to the initial petition received on November 5, 2004.
226 Formal compensation claim filed by Roberto Flores Esteban against Rafael Zapata on November 17, 2003. Annex to the initial petition
received on November 5, 2004.
227 Record of Rafael Zapata’s failure to appear on April 1, 2004. Annex to the initial petition received on November 5, 2004.
228 Interviews with Rutilia Belli Ordoñez on August 6, 2012. Audio No. 9. Annex to the communication from the petitioners of February 12,
2015.
229 Formal compensation claim filed by Daniel Dereck against Jaime Thomson on April 28, 2004. Annex to the initial petition received on
November 5, 2004.
221
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