CONCURRING OPINION OF JUDGE EDUARDO VIO GROSSI, INTER-AMERICAN COURT OF HUMAN RIGHTS, CASE OF THE MISKITO DIVERS (LEMOTH MORRIS ET AL.) V. HONDURAS, JUDGMENT OF AUGUST 31, 2021. I issue this concurring opinion for the purpose of recording that I have voted in favor of the abovementioned judgment in view of the fact that the respondent State in this case has, through the Friendly Settlement Agreement signed with the representatives of the victims, acknowledged the application, in their respect and in this case, of Article 26 of the American Convention on Human Rights. 1 Thus, with the proviso stated above, I reiterate my position that the rights referred to in Article 26 are not justiciable before the Inter-American Court of Human Rights. 2 Likewise, I consider that the aforementioned acknowledgement of the respondent State in this case cannot constitute jurisprudence or precedent applicable to other States in other cases, unless they proceed in a similar manner. Eduardo Vio Grossi Judge Pablo Saavedra Alessandri Secretary Para. N° 13 of the Judgment. Partially Dissenting Opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of Guachalá Chimbo et al. v. Ecuador, Judgment of March 26, 2021 (Merits, reparations and costs); Dissenting Opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of Casa Nina v. Peru, Judgment of November 24, 2020, (Preliminary objections, merits, reparations and costs); Partially Dissenting Opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of the Workers of the Fireworks Factory in Santo Antonio de Jesús and their Families v. Brazil, Judgment of July 15, 2020, (Preliminary objections, merits, reparations and costs); Dissenting Opinion of Judge Eduardo Vio Grossi, Case of Indigenous Communities Members of the Lhaka Honhat (Nuestra Tierra) Association v. Argentina. Merits, reparations and costs. Judgment of February 6, 2020; Partially Dissenting Opinion of Judge Eduardo Vio Grossi, Judgment of November 22, 2019, Inter-American Court of Human Rights, Case of Hernández v. Argentina. Preliminary objection, merits, reparations and costs; Partially Dissenting Opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of Muelle Flores v. Peru, Judgment of March 6, 2019(Preliminary objections, merits, reparations and costs); Partially Dissenting Opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of San Miguel Sosa et al, v,. Venezuela, Judgment of February 8, 2018 (Merits, reparations and costs); Partially Dissenting Opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of Lagos del Campo v. Peru, Judgment of August 31, 2017, (Preliminary objections, merits, reparations and costs), and Individual Opinion of Judge Eduardo Vio Grossi, Inter-American Court of Human Rights, Case of the Dismissed Employees of Petroperú et al. v. Peru, Judgment of November 23, 2017 (Preliminary objections, merits, reparations and costs). 1 2