proposed by the State in view of the lack of suitable mechanisms that would permit an
adequate solution to the conflict. In addition, they indicated that measures had been
taken at the administrative, judicial and legislative level that had not achieved the
desired effects, even though interinstitutional commissions had been created,
complaints had been filed, and funds had been requested from the National Congress
to free the land of encumbrances. Therefore, 21 years after the conflict had
commenced, it was evident that the actions taken by the State had been sporadic and
ineffective and resulted in complete lack of protection for the community.
229. In its answering brief, the State denied having violated the right to a simple
and effective remedy because documentation existed showing that the Punta Piedra
community and its members had availed themselves of the procedures established in
the laws of Honduras, and that their requests had been answered, as in the case of
those submitted to INA and the Public Prosecution Service. It also indicated that
Honduran laws “establishe[d] the right to a simple and prompt recourse, or any other
simple [and] effective recourse to a competent judge or court for protection against
acts that violate fundamental rights […].”
230. In its brief with final arguments, the State reintroduced arguments it had
presented during the admissibility procedure before the Commission, in which it
indicated that the commitments made as a result of the ad hoc commissions were
similar to an “out-of-court conciliation” equivalent to res judicata. Therefore, payment
of the sum agreed on by the public administration should have been sought using the
administrative mechanism established in articles 146 to 149 of the Law on
Administrative Procedure before resorting to a civil action. In the same brief, the State
argued that if someone does not comply with an obligation, it was through the courts
that compliance should be sought and Honduras was not an exception. In addition, the
State argued that the Punta Piedra community’s right to land was the same as that of
any other Honduran national, because it was not an original indigenous people.
Consequently, the State indicated that it was for private law and the civil courts to
resolve the land dispute that existed, through a civil action demanding ownership, by
“declaratory proceedings,” and even the Rio Miel inhabitants could have claimed
acquisitive prescription or usucaption, because they had occupied the said territories
for more than 20 years. Additionally, the State indicated, in general, that the amparo
proceeding, regulated in article 183 of the Constitution, was another remedy available,
as well as “other guarantees and remedies that [could have been] used,” without
specifying them or describing their content.
B. Considerations of the Court
231. The Court has indicated repeatedly that States Parties are obliged to provide
effective judicial remedies to victims of human rights violations (Art. 25), remedies
that must be substantiated in accordance with the rules of due process of law (Art.
8(1)), all in keeping with the general obligation of those States to guarantee the free
and full exercise of the rights recognized by the Convention to all persons subject to
their jurisdiction (Art. 1). 248 The absence of an effective remedy for the violation of the
Cf. Case of Velásquez Rodríguez, Preliminary objections, supra, para. 91, and Case of López Lone et
al. v. Honduras. Preliminary objection, merits, reparations and costs. Judgment of October 5, 2015. Series
No. 302, para. 245.
248
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