76.
Regalado Hernández’ defense lodged a remedy of cassation, and the Supreme Court
delivered its decision on March 8, 2007, upholding the May 23, 2005 verdict of the Court of
Appeal. 71 The Judicial District Court of Execution of Sentence of San Pedro Sula issued a
warrant for the arrest of Marco Tulio Regalado Hernández on February 27, 2009, because he
had been issued a release by the first trial court 72 on the argument that it was unaware of
the appeal against the March 17, 2004 verdict.
77.
Marco Tulio Regalado Hernández had fled. He was caught on November 16, 2016, and
held in detention at the San Pedro Sula prison. He was later transferred to the Tela prison to
serve his 12-year sentence for the crimes of murder, abuse of authority, infringement of the
duties of public officers and false arrest, against Herminio Deras García. He was released on
probation on March 25, 2021.
VII
MERITS
78.
Herminio Deras García was a leader in the Communist Party of Honduras and a union
activist. As a result, he was persecuted for several years and finally executed on January 29,
1983, by members of Battalion 3-16, in a setting of serious human rights violations in 1980s
Honduras, under the “national security doctrine.” The Court thus finds that Herminio Deras
García was the victim of extrajudicial execution due to his political and union activities. More
specifically, the raids on his home, persecution of himself and his family, and finally, the
taking of his life, constituted a deliberate action to silence his voice of opposition and put a
stop to his political and labor-union activism.
79.
The Court has held, in this regard, when the violation is linked to the exercise of
freedom of association or political rights, as in the case of Deras García, it can also strike fear
into their organizations, reducing their capacity to defend their interests as a group, which
can be aggravated in contexts of impunity. 73 Moreover, this Court has maintained that worker
representatives, such as union workers, require a higher degree of protection over freedom
of expression. 74
80.
The Court finds that Deras García was made to suffer anguish and profound fear, faced
with the real, imminent danger that the aggressions and other acts being committed against
him would culminate in his death at the hands of agents of the state. Thus, besides the threats
and harassment after he was caught and before he was executed, Deras García had already
experienced persecution and knew that agents of the state were still looking for him and had
threatened his family, so that, when he was caught by Marco Tulio Regalado and other yet
unidentified military personnel, he was fully aware of his likely fate, especially in view of the
71
2009.
72
The remedy of cassation lodged by the Regalado Hernández defense was held inadmissible on March 5,
According to the representatives, the prosecution for the case had at that time told the family of Herminio
Deras García that the court had misplaced documents of substance, including the motion to appeal the March 17,
2004 acquittal of Marco Tulio Regalado Hernández.
73
Cf. Case of Movilla Galarcio et al. v. Colombia. Merits, Reparations and Costs. Judgment of June 22, 2022.
Series C No. 452, para. 120.
74
Cf. Case of Lagos del Campo v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of
August 31, 2017. Series C No. 340, para. 96, and Rights to freedom to organize, collective bargaining, and strike,
and their relation to other rights, with a gender perspective (interpretation and scope of articles 13, 15, 16, 24, 25,
and 26 in relation to articles 1(1) and 2 of the American Convention on Human Rights; articles 3, 6, 7, and 8 of the
Protocol of San Salvador; articles 2, 3, 4, 5, and 6 of the Convention of Belém do Pará; articles 34, 44, and 45 of the
Charter of the Organization of American States; and articles II, IV, XIV, XXI, and XXII of the American Declaration
on the Rights and Duties of Man). Advisory Opinion OC-27/21 of May 5, 2021. Series A No. 27, para. 138.