F.5. Other measures requested
117. The representatives asked the Court to order Honduras to enact a law for
investigation of responsibility along the entire chain of command that was involved in the
politically motivated crimes of the 1980s. The State, in its acquiescence brief (supra para.
111), pledged to enact “A law making it possible to investigate persons in the chain of
command who were involved in the politically motivated crimes in the 1980s, and particularly
the murder of Herminio Deras, with the coordinated participation of various agents at different
levels and hierarchical structures who hold a variety of positions.”
118. The Court does not have sufficient evidence at hand to examine the relevance of this
measure, and moreover, it deems that the delivery of this judgment and the reparations
ordered in this chapter are sufficient and appropriate to redress the violations suffered by the
victims. Notwithstanding this proviso, the Court takes a positive view of the additional
measures the State considers appropriate, in the interest of bringing comprehensive redress
to the victims.
G. Compensation
119. The Court will now discuss collective pecuniary and nonpecuniary damages, as the
State has asked the Court to set the amounts based on its own case law and in consideration
of the principles of equity, proportionality, and necessity, as well as resources available to the
State, and to set a reasonable term for disbursement.
120. The representatives requested an amount of USD 13,280.00 (thirteen thousand two
hundred eighty United States dollars) 101 to be set in equity for consequential damages, 102 of
which USD 3,280.00 (three thousand, two hundred eighty United States dollars) is the
amount documented by Otilia Deras Flores. 103 They also requested that the State be ordered
to compensate for lost earnings in the amount of USD 25,000.00 (twenty-five thousand
United States dollars) for Domingo Deras Henríquez; 104 USD 1,300.00 (one thousand three
hundred United States dollars) each for Marlen García Pineda 105 and Sandra Ivon Hernández
Deras; 106 USD 12.50 (twelve United States dollars and fifty cents) each for Consuelo Deras
101
The representatives explained that the amount was calculated on the basis of the alleged raids, detentions,
shoot-outs and torture, as well as transportation to search for the persons in detention, filing reports in the courts
and non-governmental human rights organizations, and for “mobilizing” the news media.
102
The representatives said that these expenditures cover: repair of doors and windows, transportation, food,
medication, hospitalizations, psychiatric treatment, and funeral expenses.
103
The representatives said that these expenditures cover: vehicle repair, repair of doors and windows,
transportation and funeral expenses.
104
According to the representatives, Domingo Deras was a builder. In 1983, he had a business selling cement
blocks and ceramic tiles; he had been running a carpentry business since 1981. According to the representatives,
when the raids began in the home of his son Herminio Deras García, he began to lose work because he was unable
to open his business as he assisted his daughter-in-law Otilia Flores Ortiz in filing reports. They held that such “losses
became more visible and severe starting in 1983, after his son Herminio was executed,” because “the stigma grew
stronger and no one would hire him,” and also because of the time he spent on errands in the search for justice.
They also said that he “neglected” his business because he was “embarrassed;” and because he had received no
“psychological support,” he had begun to drink “heavily.”
105
The representatives said that Marlen García Pineda was 21 years old and worked as a sales clerk in a shoe
store, earning 180 lempiras per month (USD 90). After her detention, and after it was published in 1984, she was
fired and was unable to find work for a year. They explained that the amount of lost wages was calculated in view of
the wage she was earning at the time she was fired, plus an additional month’s wage that, according to Honduran
law, all workers received as their yearly thirteenth-month salary.
106
According to the representatives, Sandra Ivon Hernández Deras worked as a sales clerk in a store, earning
180 lempiras per month (USD 90). They explained that she had been fired after she was detained and it was published