I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. –On August 20, 2020, the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the jurisdiction of the Court the case of Herminio Deras García
and family, of the Republic of Honduras (hereinafter “the State” or “Honduras”). The
Commission stated that the case involved the January, 1983 extrajudicial execution of teacher
Herminio Deras García, a leader of the Communist Party of Honduras and advisor to several
trade unions, as well as threats, illegal detentions and acts of torture against members of his
family. The Commission noted that these incidents took place in a setting of serious human
rights violations that occurred in Honduras in the 1980s. The Commission also concluded that
the right to freedom of movement and residence had been violated when Deras García’s
brother left the country and when his sister was unable to return to Honduras because of the
alleged failure to investigate and the lack of effective measures of protection from alleged
acts of violence, threats and harassment of the family. Finally, the Commission held that the
State of Honduras had violated the right to judicial guarantees and the right to judicial
protection by failing to exercise due diligence or to observe a reasonable period in the criminal
trial that was opened for the alleged execution of Deras García. The Commission therefore
found violation of Articles 4(1), 5(1), 5(2), 7(1), 7(2), 7(3), 8(1), 11(2), 13(1), 16(1), 19,
22(1) and 25(1) of the American Convention on Human Rights, read in conjunction with Article
1(1) thereof.
2.
Proceedings before the Commission. – The following proceedings took place before the
Commission:
a) Petition. – On February 6, 2002, Eustaquia García Alvarado 1 filed the initial petition
with the Commission.
b) Admissibility Report. – The Commission approved Admissibility Report No. 56/13 on
July 16, 2013, holding the petition admissible, 2 and extended its good offices for
reaching a friendly settlement.
c) Report on the Merits. – The Commission approved its Report on the Merits No. 158/19
(hereinafter “Report on the Merits”) on September 28, 2019, drawing a set of
conclusions and extending several recommendations to the State.
d) Notification to the State. – The Commission notified the State of the Report on the
Merits on November 20, 2019, and granted the State a term of two months to report
back on adoption of the recommendations. The State was granted two three-month
extensions and reported to the Commission on August 5, 2020, of its intention to reach
an agreement on compliance. Nonetheless, “it did not request suspension of the time
limit for submitting the case to the Court.”
3.
Submission to the Court. – On August 20, 2020, the Commission submitted to the
Court the full set of facts and alleged human rights violations in the case. 3 It stated that its
1
After that date, the Committee of Families of the Detained/Disappeared in Honduras (Comité de Familiares
de Detenidos-Desaparecidos en Honduras, hereafter COFADEH) and Alba Luz Deras joined the process as petitioners
before the Commission.
2
The parties were notified of the report on August 1, 2013.
3
The Commission appointed Commissioner Joel Hernández García and then-Executive Secretary Paulo Abrão
as its delegates before the Court, together with legal advisors, then-Assistant Executive Secretary Marisol Blanchard