141. If the State should fall behind on payments, it must pay interest on the amounts owed,
based on overdue interest rates in effect for banks in the Republic of Honduras.
IX
OPERATIVE PARAGRAPHS
142.
Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To accept the State’s partial recognition of international responsibility pursuant to
paragraphs 15 to 30 of this judgment.
DECLARES,
Unanimously:
2.
The State is responsible for violating the right to life, right to personal integrity,
freedom of thought and expression, freedom of association, and right to participate in
government, as enshrined in Articles 4(1), 5(1), 13(1), 16(1) and 23(1) of the American
Convention on Human Rights, read in conjunction with Articles 1(1) and 2 thereof, in injury
of Herminio Deras García, in the terms given in paragraphs 78 to 80 of this judgment.
3.
The State is responsible for violating the right to personal integrity, right to personal
liberty, right to judicial guarantees, right to protection of honor, dignity, and privacy, rights
of the family, rights of the child, right to property, and right to judicial protection, set forth
in Articles 5(1), 5(2), 7(1), 7(2), 7(3), 8(1), 11(1), 11(2), 17(1), 19, 21 and 25 of the
American Convention on Human Rights, read in conjunction with Article 1(1) thereof, in
injury of the Deras García family members named above (supra para. 94), some of whom
were children at the time of the facts, in the terms set forth in paragraphs 81 to 86, 88 and
89 of this judgment.
4.
The State is responsible for violating the right to freedom of movement and residence
enshrined in Article 22(1) of the American Convention on Human Rights, read in conjunction
with Article 1(1) thereof, in injury of Héctor García and Alba Luz Deras García, pursuant to
paragraph 87 of this judgment.
AND ORDERS,
Unanimously:
5.
This judgment constitutes per se a form of reparation.
6.
The State shall proceed, within a reasonable period, to investigate, identify, bring to
trial and, if appropriate, sanction all those responsible for the extrajudicial execution of
Herminio Deras García and all those responsible for the other human rights violations declared
in the instant judgment, pursuant to paragraphs 97 to 101 herein.
7.
The State shall permanently close the police record pending against Otilia Flores Ortiz