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VII RECOMMENDATIONS
144.
Based on this report’s findings on the merits,
THE INTER AMERICAN COMMISSION OF HUMAN RIGHTS RECOMMENDS THAT THE
STATE OF HONDURAS:
1. Conduct a complete, impartial, effective and swift investigation of the facts in order to
identify and punish those persons found legally responsible for the conditions that led to the fire
that broke out in Cellblock 19 of the San Pedro Sula Prison on May 17, 2004.
2. Make adequate reparations to the victims’ next of kin, which shall include the pecuniary
and non-pecuniary damages sustained as a result of the violations of their human rights.
3. Adopt the necessary measures to assure that in the future similar facts do not arise in the
detention centers of the country, conform to the duty to prevent and guarantee the human rights
recognized in the American Convention and assure that the conditions of detention for those
deprived of liberty are in accordance with the applicable international standards. In particular,
(a) adopt adequate and effective measures to avoid overpopulation in prison centers.
(b) Equip prison centers with equipment and devices to adequately and efficiently resolve
emergency situations.
(c) Enable prison security and civil personnel through permanent programs in human rights,
emergency plans and evacuation for fires and other types of catastrophes.
(d) Realize adequate repair and maintenance of the electrical system in the prisons.
4. Adapt the substantive and procedural norms necessary so that the standardization of the
crime of illicit association is in accordance with the content and aims or art. 7 and art. 9 of the
American Convention. In particular, clearly define the objective criteria that will be the definition of
belonging to organizations that the law determines to be illicit.
5. Recognize its international responsibility for the facts charged in the case 12.650 Rafael
Arturo Pacheco Teruel and others, in an official and public act that has been properly publicized.
Given and signed in Washington, D.C. on the 22 day of the month of October 2010. (signed)
Felipe González, Presidente; Paulo Sérgio Pinheiro, Primer Vicepresidente; Luz Patricia Mejía Guerrero,
María Silvia Guillén, José de Jesús Orozco Henríquez, y Rodrigo Escobar Gil members of the
Commission.
Noted by Santiago A. Canton, in his role as Executive Secretary of the Inter-American
Commission of Human Rights, in conformity with article 49 of the Rules of the Commission,
certifies that this copy is true to the original, which remains in the archives of the Secretariat of the
IAHCR.