8.
Public hearing. In the order of December 17, 2020, the President of the Court called
the parties and the Commission to a public hearing 5 to consider the merits and possible
reparations and costs, and to hear the final oral arguments and observations of the parties
and of the Commission, respectively.
9.
Friendly settlement agreement. On March 25, 2021, prior to the public hearing, the
Court received from the State and the representatives a document dated March 24, 2021,
entitled “Friendly Settlement Agreement: Case CDH-10-2019 Lemoth Morris et al. (Miskito
divers) v. Honduras” (hereinafter the “friendly settlement agreement” or “the Agreement”),
signed by the representatives and the State, in which they requested its endorsement by the
Court. In addition, the parties asked the Court to suspend the current deadlines and the virtual
public hearing convened for April 28, 29 and 30, 2021. This request was admitted by the
President of the Court on March 30, 2021. The text of the Agreement can be found in Annex
4 to this judgment.
10.
Observations of the Commission and the representatives. With regard to the State’s
request for the endorsement of the friendly settlement agreement, the representatives and
the Commission presented their respective observations on April 15, 2021.
11.
Deliberation of the case. The Court began deliberating this judgment on August 30,
2021.
III.
JURISDICTION
12.
The Inter-American Court has jurisdiction to hear this case pursuant to Article 62(3)
of the American Convention on Human Rights because Honduras has been a State Party to
the Convention since September 8, 1977, and accepted the contentious jurisdiction of the
Court on September 9, 1981.
IV.
FRIENDLY SETTLEMENT AGREEMENT
A.
Friendly settlement agreement
13.
The State accepted that the facts which form the factual basis of the friendly settlement
agreement, and therefore of its acknowledgment of responsibility, are those established by
the Commission in its Merits Report, which Honduras agreed to abide by. Based on this, the
State expressly acknowledged its responsibility for the violation of the rights to life, to life
with dignity, to personal integrity, to judicial guarantees, to the rights of the child, to equal
protection of the law, to judicial protection, health, work, social security, and to nondiscrimination (Articles 4(1), 5(1), 8(1), 19, 24, 25(1) and 26, in relation to Articles 1(1) and
2 of the same instrument) to the detriment of the alleged victims and their next of kin. 6 In
the agreement, the Honduran State also made certain representations and undertook to
comply with a series of reparations. Finally, the parties submitted a joint request for the Court
to analyze the content and scope of the rights of the American Convention that were affected
Cf. Case of Lemoth Morris et al. v. Honduras. Summons to a hearing. Order of the President of the InterAmerican
Court
of
Human
Rights,
December
17,
2020.
Available
at:
http://www.corteidh.or.cr/docs/asuntos/lemoth_morris_y_otros_17_12_2020.pdf
5
In the Friendly Settlement Agreement, the parties recognize as victims the persons identified in the Single
Annex of Merits Report No. 64/18, who have been listed in Annex 1 of this Judgment.
6
6