300.
Third, and in relation to the possibility of obtaining reparation for the deaths and injuries
suffered by the victims, the Commission notes that almost all of them filed claims for compensation with the
Secretariat of Labor and Social Security or the Office of the Labor Inspector. In this respect, in a case with
characteristics similar to those of this case, the European Court highlighted the importance of establishing
domestically the real possibility that persons negatively impacted by underwater fishing be able to receive
compensation.390
301.
In this respect, the IACHR takes note that in most cases the labor authorities limited
themselves to calling the victims or their family members and their employers to conciliation hearings. In many
cases the employers did not appear, and the authorities did not adopt additional measures; the processes
became inactive without any final determination. In other cases, they appeared and amounts of compensation
were established, but they were laughable in relation to the seriousness of the facts, and many payments were
not made or were made only in part. The Commission observes that in these proceedings the labor authorities
did not assume a role of guarantor of the rights of victims, notwithstanding their clear disadvantage in the
context of these processes. To the contrary, many victims accepted settlements that clearly reflected their basic
needs and vulnerable situation. Based on a complete reading of the documentation in these administrative
proceedings, the Commission considers that the victims were totally defenseless under the passive eye of the
labor authorities, whose job it is to protect them.
302.
Fourth, and beyond these administrative proceedings, which turned out to be ineffective for
the reasons given, the Commission notes what was argued by the petitioner regarding the difficulties of
physical access for filing judicial actions to obtain reparation. In response to these arguments, which are
corroborated by the determinations of context, the State has not succeeded in showing how the victims in the
instant case had any real possibility of pursuing their claims judicially. Moreover, in the few instances in which
cases were presented in the judiciary, it turned out to be ineffective for securing integral reparation. The IACHR
must emphasize that these obstacles to accessibility to justice place a disproportional burden on persons in
poverty and with disabilities; accordingly, it wishes to emphasize that accessibility is a condition precedent for
persons with disabilities to be able to live independently and participate fully in society; without access to the
physical environment, transportation, information, and other substantial services, it will be difficult for them
to see their rights guaranteed. In that context, if the buildings in which the law enforcement agencies and
administration of justice are situated are not physically accessible for this group in a situation of vulnerability,
there cannot be real access to justice.
303.
In view of all the foregoing considerations, the Commission considers that the Honduran State
is responsible for violating the right to a fair trial and to judicial protection established at articles 8(1) and
25(1) of the American Convention, in relation to Article 1(1) of the same instrument, to the detriment of the
surviving victims and of the family members individually identified in the Single Annex to this report on the
merits. Moreover, the Commission considers that the foregoing conclusions reveal a structural problem of a
lack of administrative, judicial, and other mechanisms to respond adequately and effectively to the violations
found in this report. In that sense, the Commission also considers that the State is responsible for violating
Article 2 of the American Convention.
E.
Right to humane treatment for the victims’ family members (Article 5 of the American
Convention, in relation to Article 1(1) of the same instrument)
304.
Article 5(1) of the American Convention establishes: “Every person has the right to have his
physical, mental, and moral integrity respected.” With respect to the family members of victims of certain
human rights violations, the Court has indicated that they may be considered, in turn, as victims.391 In this
respect, the Court has ruled that that they may be affected in their psychological and moral integrity as a result
ECHR, Case of Vilnes and others v. Norway. Judgment of March 24, 2014, para. 231.
I/A Court HR. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment
of July 10, 2007. Series C No. 167. para. 112; and Case of Bueno Alves v. Argentina. Merits, Reparations and Costs. Judgment of May 11,
2007. Series C. No. 164, para. 102.
390
391
55
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