Valderramos appealed, but this appeal was ruled inadmissible on January 17, 1997. Likewise, on January 22,
1997, the impoundment of the vessel was cancelled.104 From available information, the IACHR understands
that these proceedings did not produce any results.
7.
Timoteo Lemus Pisatty
89.
On November 2, 2002, Timoteo Lemus Pisatty had an occupational accident on the fishing
vessel Miss Anis owned by Horacio Gilbert Wood. According to documentation submitted to the Commission,
Mr. Pisatty was deep diving down to 115 feet and had used five cylinders of compressed air. It indicates that,
when surfacing, Mr. Pisatty’s lower limbs became paralyzed.105
90.
On the following day, the alleged victim was transferred to the hospital of Roatán and placed
in a hyperbaric chamber, receiving 16 treatments in the hospital but without any evidence of recovery. He was
diagnosed with “paralytic ailments secondary to DCS and urinary sepsis.”106 On November 26, 2002, Mr. Gilbert
recognized his relationship as an employer of Timoteo Lemus Pisatty and accepted to pay him 10,000.00
lempiras and give him a monthly stipend until he recovered.107
91.
On December 24, 2002, the hospital of Puerto Lempira recorded that Mr. Pisatty was suffering
from decompression sickness and paralysis.108 His father indicated that his son was paralyzed and bedridden
since the accident, that he was not receiving any medical care services, that any medicine he needed he had to
buy it himself, and that his health declined until his death in 2003. He indicated that the expenses for the funeral
amounted to 40,631.61 lempiras, of which the owner of the vessel paid 2,764.00.109
92.
On November 18, 2004, the children and partner of Mr. Lemus filed a complaint with the Local
Civil Court Judge for Labor Affairs of La Ceiba for payment of compensation for the fatal occupational accident
against Mr. Gilbert. On November 23, 2004, the court subpoenaed the respondent and ordered him to pay a
provisional pension for the benefit of the complainants in the amount of 5,000.00 lempiras until the full amount
of the claim was paid. On December 10, 2004, statements were taken from the witnesses submitted by the
complainants. The judge requested that, prior to ordering a precautionary measure of preventive
impoundment, steps be taken to verify if the vessel being so ordered was owned by the respondent.110
93.
On April 12, 2005, the complainants submitted an affidavit from the Ship Registry Department
of the General Merchant Marine Department certifying the registration of the fishing vessel Miss Anis, as a result
of which they reiterated their request for preventive impoundment.111
94.
That same day, the judge decided to order the prohibition of undertaking proceedings or
entering into contracts with respect to the property rights of Mr. Gilbert Wood and turned down the request
for ordering an impoundment because, according to the registration submitted, the fishing vessel also belonged
to other persons with no connection to the proceedings. Without detriment to the above, he requested the
respondent to make a monthly deposit in the amount of 5,000.00 lempiras.112 The father of the alleged victim
Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers.” General Inspectorate of Courts and Tribunals. January 6, 2009.
Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions.
105 Labor proceedings filed by Timoteo Lemus Pisatty against Horacio Gilbert Wood. Annex to the initial petition received on November 5,
2004.
106 Labor proceedings filed by Timoteo Lemus Pisatty against Horacio Gilbert Wood. Annex to the initial petition received on November 5,
2004.
107 Private agreement between Horacio G. Wood and Timoteo Lemus Pisatty, November 26, 2002. Annex to the initial petition received on
November 5, 2004.
108 Record from the Hospital of Puerto Lempira, December 24, 2002. Annex to the initial petition received on November 5, 2004.
109 Labor proceedings filed by Timoteo Lemus Pisatty against Horacio Gilbert Wood. Annex to the initial petition received on November 5,
2004.
110 Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers.” General Inspectorate of Courts and Tribunals. January 6, 2009.
Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions.
111 Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers.” General Inspectorate of Courts and Tribunals. January 6, 2009.
Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions.
112 Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers.” General Inspectorate of Courts and Tribunals. January 6, 2009.
Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions.
104
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