100.
Mr. Claro stated in 2012 that he had back pain, which made it hard for him to walk and that
has to buy his medicines himself.125
9.
Hildo Ambrosio Trino, Andrés Miranda Clemente, Lorenzo Leman Bonaparte,
Bernardo Julián Trino, José Trino Pérez Nacril, Rómulo Flores Henríquez, and Amilton
Bonaparte Clemente
101.
According to their labor complaint, on March 15, 2000, Hildo Ambrosio Trino, Andrés Miranda
Clemente, Lorenzo Leman Bonaparte, Bernardo Julián Trino, José Trino Pérez, Rómulo Flores Henríquez, and
Amilton Bonaparte Clemente were working as divers on the fishing vessel Langoster or Capital Lewis owned by
Lewis Delano Gough. The butane fuel tank of said vessel blew up, which led to a fire.126 Mirna Manuel Tinto,
wife of Andrés Miranda, stated that, according to the testimonies of the divers who were on other vessels, the
alleged victims had to jump overboard.127
102.
Six of the divers, Andrés Miranda Clemente, Lorenzo Leman Bonaparte, Bernardo Julián Trino,
José Trino Pérez, Rómulo Flores Henríquez, and Amilton Bonaparte Clemente, disappeared and their
whereabouts were unknown.128 Some of the next of kin of the alleged victims indicated that they never found
their bodies.129 As for Hildo Ambrosio, his daughter declared that they received the burnt remains of her father
and that they buried him.130 The mother of Amilton Bonaparte indicated that one of the persons who worked
on said vessel as a sacabuzos [an intermediary for hiring the divers] only rescued the captain but not the other
persons. She indicated that, when she called him out on this, he threatened her with a gun and told her not to
report the incidents. She added that, in 2014, the same sacabuzos had shot a diver on the high seas and that
these incidents had not been investigated.131
103.
On February 25, 2002, the next of kin of the seven deceased persons filed a labor complaint
with the Departmental Civil Court against Lewis Delano Gough.132 According to a 2008 report on the status of
the proceedings, they were still in the initial stage. 133 According to the attorney of the complainants, the
standstill in the proceedings stems from the inquiry about whether the respondent is acquiring more assets,
apart from his fishing vessel, so that they could be seized.134
104.
Some of the next of kin of the alleged victims stated in 2012 and 2014 that no progress had
been made in the proceedings and that they had not received any compensation for what had happened.135 The
Interview with Ex Dereck Claro on August 6, 2012. Audio No. 13. Annex 1. Annex to the communication from the petitioners of February
12, 2015.
126 Regular labor complaint filed on February 25, 2002 with the Departmental Civil Court against Lewis Delano Gough Valladarez. Annex
to the initial petition received on November 5, 2004.
127 Interview with Maura Celina Ambrosio Clemente on October 14, 2014. Audio No. 2. Annex to the communication from the petitioners
of February 12, 2015.
128 Regular labor complaint filed on February 25, 2002 with the Departmental Civil Court against Lewis Delano Gough Valladarez. Annex
to the initial petition received on November 5, 2004.
129 Interviews with Cristina Clemente Washington on August 6, 2012. Audio No. 2. Annex to the communication from the petitioners of
February 12, 2015; Interviews with Juana Pérez Naclil on August 6, 2012. Audio No. 3. Annex 1; and interview with Mirna Manuel Trino
on October 15, 2014. Audio No. 3. Annex to the communication from the petitioners of February 12, 2015.
130 Interview with Maura Celina Ambrosio Clemente on October 14, 2014. Audio No. 2. Annex to the communication from the petitioners
of February 12, 2015.
131 Interview with Ruela Bonaparte Clemente on October 14, 2014. Audio No. 7. Annex to the communication from the petitioners of
February 12, 2015.
132 Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers.” General Inspectorate of Courts and Tribunals. January 6, 2009.
Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions.
133 Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers.” General Inspectorate of Courts and Tribunals. January 6, 2009.
Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions.
134 Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers.” General Inspectorate of Courts and Tribunals. January 6, 2009.
Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions.
135 Interview with Charlin Esmeralda Leman on August 6, 2012. Audio 1. Annex to the communication from the petitioners of February 12,
2015; Interviews with Cristina Clemente Washington on October 14, 2014, Audio No. 5. Annex 2; Interview with Ruela Bonaparte Clemente
on October 14, 2014. Audio No. 7. Annex to the communication from the petitioners of February 12, 2015.
125
18