from Ex Post Facto Laws), 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of
the Convention, in relation to Articles 1(1) and 2 thereof. However, the Court considers it
appropriate to include some considerations with regard to these rights in Chapters VII and
VIII of the judgment.
21.
Regarding the measures of reparation outlined by the State and the representatives
of the victims in the friendly settlement agreement, the Court endorses them, as indicated
in this judgment, because they contribute to the achievement of the object and purpose of
the American Convention. Nevertheless, the Court will analyze these measures in Chapter
VIII, in order to determine their scope and means of implementation. Since the friendly
settlement agreement seeks to provide reparation to additional victims to those identified in
the Inter-American Commission’s Report on Merits, the Court will rule in this regard in
section A) of Chapter VIII of this judgment.
22.
Taking into consideration the seriousness of the facts and the violations
acknowledged by the State, the Court will proceed to make a detailed determination of the
facts that occurred and will include some consideration on the obligation of prevention in
relation to prison conditions and on the standards applicable to the measures of reparation
agreed by the parties, because the delivery of the judgment contributes to the reparation of
the next of kin of the deceased victims in the case, to the prevention of a recurrence of
similar events, and to fulfilling the objectives of the inter-American human rights
jurisdiction.20
VI
CONTEXT AND FACTS OF THE CASE
23.
In light of the State’s acknowledgment of international responsibility and based on
the evidence in the case file, the Court will refer to the context and facts that resulted in
the violations in this case.
A. The prison system in Honduras
24.
It is public knowledge and the Court notes that, before and after the events that
gave rise to this case, there had been other serious incidents in Honduran prisons, including
the fires that occurred on April 5, 2003, at the El Porvenir Prison Farm, La Ceiba, in which
69 individuals died; on February 14, 2012, at the Comayagua Prison Farm, where 367
individuals died, and on March 29, 2012, at the same prison in San Pedro Sula, where
another 13 individuals died.21
25.
According to various national and international reports, at the time of the events the
prison system in Honduras suffered from structural weaknesses. In this regard, throughout
the country the prisons “were overpopulated, causing overcrowding, unsanitary conditions,
20
Cf. Case of the “Mapiripán Massacre” v. Colombia. Merits, reparations and costs. Judgment of September
15, 2005. Series C No. 134, para. 69, and Case of Contreras, supra note 18, para. 28.
21
Cf. News items: “13 muertos en un motín en la cárcel de San Pedro Sula en Honduras,” CNN en Español.
Available
at:
http://cnnespanol.cnn.com/2012/03/29/incendio-en-la-carcel-principal-de-san-pedro-sula-enhonduras (last accessed March 30, 2012), and “Más de 350 personas muertas en el incendio de una cárcel en
Honduras,” El Mundo newspaper. Available at: http://elmundo.es/america/2012/02/15/noticias/1329298250.html
(last accessed March 30, 2012).
10