126.
In the friendly settlement agreement, the State acknowledged the following:
With regard to pecuniary damage, the State recognizes that, when the acts that
violated the rights of the victims in this case occurred, all of them were men of full
working age. As a result of the harm suffered, they were not only deprived of their
main source of income, but were also unable to continue carrying out any form of work
in a normal manner. Therefore, the State recognizes that the income that the victims
and their families lost as a result of the violations, as well as the medical and other
expenses incurred as a consequence thereof, are elements that must be taken into
consideration for the calculation of the amount that would correspond to each of them.
127.
Accordingly, in the friendly settlement agreement, the State agreed to the
following:
Thus, the State recognizes and accepts the need to compensate each of the forty-two
direct victims in this case with the sum of [the amount of money agreed by the parties
and established in the Agreement], and each of the two hundred and thirty-three family
members indicated in the Merits Report with the sum of [the amount of money agreed
by the parties and established in the Agreement].
The parties agree that the amounts corresponding to the deceased victims shall be
distributed equally among the family members listed in the annex to the Merits Report
of the IACHR.
With respect to those victims identified in the IACHR Merits Report who have not yet
been contacted, 154 the State, with the support of the representative organizations,
undertakes to take steps to locate them and/or their next of kin, and to provide them
with the corresponding amount as financial compensation in accordance with the above
considerations. In this regard, when attempting to locate said persons, the State will
not mention that it is for the purpose of granting them due compensation, nor will it
refer to the amount thereof.
If, after a period of 5 years, it has not been possible to locate these persons and they
have not appeared before the Attorney General of the Republic, the State shall transfer
said funds in equal parts to the Miskito associations that are signatories to this
agreement, to be used for the development of the Miskito people. Said funds must be
liquidated within a period one year.
128. Annex 3 of this judgment specifies the amounts corresponding to each of the victims
in this case, based on the foregoing considerations and as established in the agreement. The
Court confirms that the total amount to be paid by the State to the victims and their next of
kin is [the amount of money agreed by the parties and established in the agreement]. In this
regard, the agreement established the following:
The State and the representatives undertake to maintain strict confidentiality with
respect to the amounts specified above corresponding to each victim and his next of
kin. The aforementioned amounts shall be paid through the State Secretariat at the
Office of Finance (SEFIN), in two disbursements: 35% in the fiscal year 2021 and 65%
in 2022, respectively. All payments shall be made in accordance with the General
Budget of the Republic of Honduras for the fiscal year 2021 and 2022 and must be
fully paid before the end of 2022, for which purpose the PGR shall make the necessary
arrangements so that such payments are preferably made during the first semester of
each fiscal year.
These victims are: Alfredo Francisco Brown; Efraín Rosales Kirington; Félix Osorio Presby; David Esteban
Bradley; Ramón Allen Felman; Ali Herrera Ayanco; Timoteo Salazar Zelaya and Mármol Williams García.
154
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