C.5. Exhaustive investigation of the
punishment of all those responsible
145.
facts,
identification,
prosecution
and
In the friendly settlement agreement, the State agreed to the following:
The State undertakes to initiate and diligently pursue all actions necessary to identify
all persons responsible for the accidents resulting from underwater fishing activities in
which the victims were affected and to punish them appropriately, in criminal, civil,
labor or administrative proceedings, as appropriate, imposing sanctions proportional
to the seriousness of the facts.
To this end, the State shall carry out the appropriate investigations through the
competent institutions to determine the corresponding responsibilities in accordance
with applicable legal rules. To that end, specialized personnel in the subject matter
must be incorporated and given the necessary support and resources.
When appropriate, both the Public Prosecutor's Office and the Office of the Secretary
of State for Labor and Social Security (STSS) shall maintain constant contact and
coordination with the victims and their representatives.
C.6. Undertake an exhaustive search for the victims who are still missing
146.
In the friendly settlement agreement, the State indicated the following:
In the instant case the whereabouts of seven victims are still unknown, 158 one of whom
was a child abandoned at sea. 159 Likewise, there was no investigation to locate these
persons in a timely manner. This omission seriously hinders the current possibilities of
identifying the whereabouts of the victims and/or their mortal remains. Nevertheless,
the State recognizes that the families of the disappeared victims have a reasonable
expectation that their whereabouts be established, or that their remains be found so
that they can be identified with certainty. This would contribute to alleviate the anguish
and suffering caused by the uncertainty in which the families remain.
147.
In that regard, the State agreed to the following:
[W]ithin six months of signing this agreement, the State of Honduras, with the advice
of FAO-Honduras or of another international organization with knowledge of accidents
at sea, undertakes to initiate a systematic, rigorous and diligent search for the
whereabouts of the victims who are still missing. To this end, it will use all the technical
and scientific means at its disposal, and will provide this process with the required
economic and human resources. In order to carry out the aforementioned proceedings,
the State shall remain in constant communication with the next of kin of the missing
victims, with whom it shall agree, together with the representatives, on a framework
for coordinated action that guarantees their participation, information and
representation during the process.
Once the framework of action has been agreed upon, it will be signed by the
representatives and the State, with the advice of FAO-Honduras or of another
international organization, so that once the deadlines and lines of action have been
executed, regardless of the results, the present point will be considered fulfilled.
C.7. Adoption of structural measures to ensure access to justice
158
Andrés Miranda Clemente, Lorenzo Leman Bonaparte, Bernardo Julián Trino, José Trino Pérez Nacril, Rómulo
Flores Henriquez, Hamilton Bonaparte Clemente and Licar Méndez.
159
Licar Méndez was 16 years of age when the events took place.
51