C. Right to personal integrity
96. On a number of occasions, pursuant to the cases heard, the case law of the Inter-American Court has referred
to the obligation to investigate attacks on people’s personal integrity and on their lives, but also threats or acts
of harassment. The Court has held that the “obligation to investigate” is derived not only from international
obligations but “that it is also derived from domestic legislation that refers to the duty to proactively investigate
certain illicit conduct.” 91
97. In the instant case, the Commission recalls that the alleged victims reported that they had been targets of
threats and harassment subsequent to their dismissal as justices of the Supreme Court, and even ended up
leaving the country. Both Mr. Gutiérrez Navas and Mrs. Cruz Sequeira lodged complaints about the threats they
had received. In addition, in the specific case of Rosalinda Cruz Sequeira, the National Human Rights
Commission granted security measures for only a certain amount of time. The case file does not show that the
State authorities took any steps to investigate or afford protection in response to the incidents that were
reported. 92
98. The Commission considers that it has not been established that the State undertook any criminal or
administrative investigations with respect to the acts of harassment and threats that were reported by the
alleged victims and that were publicly known. Nor is the Commission aware that any protection measures were
adopted for the alleged victims or their family members in the context of such risks.
99. Therefore, the Commission deems that the State is responsible for violating Articles 8(1) and 25(1) of the
American Convention in connection with Articles 5 and 1(1) thereof, to the detriment of José Antonio Gutiérrez
Navas, Rosalinda Cruz Sequeira, José Francisco Ruiz Gaekel, and Gustavo Enrique Bustillo Palma.
V. CONCLUSIONS AND RECOMMENDATIONS
100. The Commission concludes that the Honduran State is responsible for violating the rights to judicial
guarantees, the principle of legality, the guarantee of judicial independence, political rights, and judicial
protection established in Articles 5, 8(1), 8(2)(b), (c), and (d), 9, 23(1)(c), and 25(1) of the American
Convention in connection with the obligations established in Articles 1(1) and 2 thereof, to the detriment of
José Antonio Gutiérrez Navas, Rosalinda Cruz Sequeira, José Francisco Ruiz Gaekel, and Gustavo Enrique
Bustillo Palma.
101. Based on the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF
HONDURAS
1.
Reinstate the victims—should they so wish—to positions similar to the one they held in the
Judicial Branch, with the same compensation, benefits, and rank that they would have today if they had not
been dismissed. If, for well-justified reasons, reinstatement is not possible, they should be paid an alternative
compensation.
2.
Provide full pecuniary and nonpecuniary reparations for the rights violations declared in this
report, including the payment of compensation for pecuniary and nonpecuniary damages.
Argentina, July 5, 2017, par. 124; I/A Court H.R., Case of López Lone et al. v. Honduras, Preliminary Objection, Merits, Reparations, and Costs,
Judgment of October 5, 2015, Series C No. 302, par. 192.
91 I/A Court H.R., Case of Villaseñor Velarde et al. v. Guatemala, Merits, Reparations, and Costs, Judgment of February 5, 2019, Series C No.
374, paras. 110 and 111.
92 Petitioners’ brief of November 20, 2018.
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