appropriate means of redress to aggrieved individuals or groups and ensure corporate accountability,”387 to
which end it is essential that effective and prompt remedies are available, as well as access to relevant
information that makes it possible to resolve a complaint.388
294.
The Court has defined impunity as “the total lack of investigation, prosecution, capture, trial
and conviction of those responsible for violations of the rights protected by the American Convention, in view
of the fact that the State has the obligation to use all the legal means at its disposal to combat that situation,
since impunity fosters chronic recidivism of human rights violations, and total defenselessness of victims and
their relatives.”389
295.
As has been established throughout this report on the merits, the instant case involves
multiple violations of rights established in the Convention as the result of the victims being subjected to
disappearance, death, and permanent injuries. These violations occurred in the context of underwater fishing
by companies in the region in abusive conditions taking advantage of the extreme vulnerability of the victims
stemming from multiple factors, including their situation of poverty. This happened with the knowledge of the
State and without it adopting the measures needed to supervise and oversee those activities, or measures to
punish those responsible and facilitate access to reparation for the victims.
296.
Accordingly, the analysis as to whether the State abided by the rights to a fair trial and to
judicial protection in relation to the victims and their family members should be conducted considering the
nature of the many violations found in this report on the merits, which give rise to various obligations in respect
of access to justice.
297.
First, the Commission already established that the facts of the instant case fit within a
structural problem of human rights violations against divers by fishing companies in the region, such as forms
of debt servitude and forced labor. It appears, from the section on context – and the State has not denied it –
that the State was aware of this problem which, as indicated, goes back many years. These practices constitute
serious human rights violations which, as such, should be investigated by the State on its own initiative. Even
so, it does not appear that the Honduran State has initiated any investigation.
298.
The Commission emphasizes that after the various claims were filed for compensation due to
the accidents suffered by the victims, the State once again took cognizance of the situation described above.
This was due to the fact that in many cases those claims contained a description of their working conditions.
Nonetheless, despite the seriousness of the information contained in those claims, as well as their reiterative
nature, the State has not activated any mechanism for a criminal, administrative, or other investigation to
clarify the facts, identify and punish the persons responsible, make a serious assessment of their characteristics,
or design an integral and effective response.
299.
Second, the Commission observes that in relation to all the accidents described in paragraphs
54 to 183 of this report, the State did not initiate investigations to clarify the circumstance of those accidents
as well as the possible criminal or other liabilities that could stem from them, even though the accidents took
the lives of some victims and caused others permanent physical injury. The Commission notes in that in relation
to (i) the fire that caused the death of Hildo Ambrosio and the disappearance of Andres Miranda Clemente,
Lorenzo Leman Bonaparte, Bernardo Julián Trino, José Trino Pérez, Rómulo Flores Henríquez, and Amilton
Bonaparte Clemente, and (ii) the disappearance of the child Licar Méndez, that despite having learned of these
serious incidents, the State did not initiate an investigation to clarify the circumstances of the death and the
disappearances, determine possible liabilities in relation to them, and locate the whereabouts of the persons
disappeared.
Committee on Economic, Social and Cultural Rights. General Comment 24. On State obligations in the context of business activities.
August 10, 2017. para. 39. See also: United Nations Guiding Principles on Business and Human Rights. Access to remedy (principle 25)
(2011). Available at: http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_SP.pdf
388 Committee on Economic, Social and Cultural Rights. General Comment 24. On State obligations in the context of business activities.
August 10, 2017. paras. 41 and 45.
389 I/A Court HR., Case of Ivcher Bronstein. Judgment of February 6, 2001. Series C No. 74, para. 186; I/A Court HR., Case of the
Constitutional Court. Judgment of January 31, 2001. Series C No. 71, para. 123; I/A Court HR, Case of Bámaca Velásquez. Judgment of
November 25, 2000. Series C No. 70, para. 211.
387
54
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents