182.
Emiclena Masiel Alen and Dany Castellón Masier, the wife and son, respectively, of the alleged
victim, contended that their husband/father died in the year 2002. 284 His son pointed out that, after the
accident, Mr. Castellón could not walk well and, as a result, he could not work. He indicated that because of
failure to provide him with medical care, his situation worsened and he died.285
36.
Timoteo Salazar Zelaya
183.
In the year 2002, Timoteo Salazar Zelaya was working as a fishing diver on the vessel Omar
Phillips. According to a report from the Office for Labor Affairs and Social Security, Mr. Salazar had a fatal
accident on said vessel in the year 2002. This report also indicates that a settlement was reached between the
owner of the vessel and Mr. Salazar’s next of kin in the amount of 100,000.00 lempiras. Mr. Salazar’s next of kin
indicated that, in 2003, they had not received any of the money.286
37.
Information available on the next of kin of the alleged victims
184.
On February 12, 2015, the petitioners submitted a list of the next of kin of the alleged victims.
The Commission observes that said document is broken down by each alleged victim with a description of the
kinship, among which can be found spouses, brothers, sisters, sons, daughters, or parents, that is, the nuclear
family. The State did not present any objection to these lists, as a result of which the Commission shall take
them into account for its review of the merits. The details of this information can be found in the only annex to
the present report on the merits.
V.
LEGAL ANALYSIS
A.
Preliminary issue regarding identification of the victims
185.
In the context of the system of individual petitions and cases, one should identify, to the
greatest extent possible, all the alleged victims. Nonetheless, there are certain situations in which that
determination poses challenges. That is why in such situations one must take account of various elements for
the analysis when determining the alleged victims, under certain standards of reasonableness and flexibility.
186.
In the instant matter the Commission takes note that the 42 alleged victims who suffered the
accidents and who died, disappeared, or ended up with permanent sequelae, are fully identified. Nonetheless,
in some cases the Commission does not have the names of their family members. In this respect, the IACHR
considers various elements of complexity that stem from the particularities of the instant case. Thus, for
example, the IACHR has found and the State has recognized that the zone is very remote and very difficult to
access. In addition, due to the progressive deterioration of the health situation, owing to the sequelae of the
accidents with respect to the alleged surviving victims, the IACHR finds it reasonable that they have not been
able to state with precision the names of all family members impacted. In addition, some difficulties can be
inferred related to language and the time that has elapsed since the facts; in some cases, it has been more than
20 years.
187.
In view of the foregoing, the IACHR incorporates in its Single Annex to the instant report all
the information available about the identity of the alleged victims and their family members, by their full name
and/or family relationship, without prejudice to the petitioner, in the context of carrying out the
Interview with Dany Castellón Masier on August 6, 2012. Audio No. 17. Annex to the communication from the petitioners of February
12, 2015. Interview with Emiclena Masiel Alen on October 15, 2014. Audio No. 29. Annex to the communication from the petitioners of
February 12, 2015.
285 Interview with Dany Castellón Masier on August 6, 2012. Audio No. 17. Annex to the communication from the petitioners of February
12, 2015.
286 “Report of divers injured in accidents from January 2002 to May 26, 2004. Addressed to the Attorney Carlos Remberto Zalavarría
Reconco, Legal Representative of the Association of Injured Honduran Miskito Divers of Río Plátano,” signed by C. Santos Elpidio Cadenas,
from the Region of La Ceiba, with a partially legible stamp, apparently from the Hygiene and Safety Inspection of the General Prevention
Department of the State Secretariat in the Office for Labor Affairs and Social Security, page 1. Annex to the petition received on November
5, 2004.
284
32
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