Inter-American Court and requested that it declare the international responsibility of the State
for the violations indicated therein and order measures of reparation. 1
4.
Requests of the Inter-American Commission. The Commission asked the Court to
declare the State responsible for the violation of the rights to life, to life with dignity, to
personal integrity, to the rights of the child, to judicial guarantees, to judicial protection, to
work and to just, equitable and satisfactory conditions, as well as to health, social security,
and to the principle of equality and non-discrimination, contained in Articles 4(1), 5(1), 8(1),
19, 24, 25(1) and 26 of the American Convention, in relation to the obligations established in
Articles 1(1) and 2 of the same instrument. The Court notes with concern that more than
fourteen years have elapsed between the lodging of the initial petition before the Commission
and the submission of the case to the Court.
II.
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and to the alleged victims. The submission of the case was
notified to Honduras and to the alleged victims on October 23, 2019.
Brief with pleadings, motions and evidence. On January 7, 2020, the Association of
6.
Disabled Honduran Miskito Divers (AMHBLI), Miskito Indiang Mairin Asla Takanka (MIMAT),
Almuk Nani Asla Takanka (Council of Elders), the Equipo de Reflexión, Investigación y
Comunicación de la Compañía de Jesús en Honduras (Jesuit Reflection, Investigation and
Communication Team in Honduras ERIC-SJ), and the Center for Justice and International Law
(CEJIL) (hereinafter “the representatives”) submitted their brief with pleadings, motions and
evidence (hereinafter “the pleadings and motions brief”), pursuant to Articles 25 and 40 of
the Court’s Rules of Procedure. The representatives asked the Court to declare the State
responsible for the violation of the rights to equality and non-discrimination, life, personal
integrity, health, work and to work in just, equitable and satisfactory conditions, social
security, a pension, the obligation to provide special protection to a child, judicial guarantees
and judicial protection to the detriment of the alleged victims, and the right to personal
integrity of the victims’ next of kin. Finally, the alleged victims, through their representatives,
requested access to the Victims’ Legal Assistance Fund of the Inter-American Court
(hereinafter “the Legal Assistance Fund”).
7.
Answering brief. On June 15, 2020, 2 the State presented its brief in response to the
submission of the case and to the pleadings and motions brief (hereinafter “answer” or
“answering brief”), in which it rejected the alleged violations and the requests for measures
of reparation presented by the Commission and by the representatives. In accordance with
Court Orders 1/20 of March 17, 2020 3 and 2/20 of April 16, 2020, 4 the Court suspended the
calculation of all the deadlines owing to the emergency caused by the COVID-19 pandemic.
Accordingly, the deadline for the submission of the State's response was extended.
The Commission appointed Commissioner Joel Hernández, Executive Secretary Paulo Abrão, and the Special
Rapporteur on Economic, Social, Cultural and Environmental Rights, Soledad García Muñoz, as its delegates. It also
appointed Silvia Serrano Guzmán, Erick Acuña Pereda and Luis Boub Cancho, lawyers of the Commission’s
Executive Secretariat, as legal advisers.
1
2
The State of Honduras appointed Lidia Estela Cardona Padilla, Nelson Gerardo Molina and Jacobo Cálix as its
agents in this case.
3
Available at: http://www.corteidh.or.cr/docs/comunicados/cp_18_2020.pdf
4
Available at: http://www.corteidh.or.cr/docs/comunicados/cp_28_2020.pdf
5