Annex 2
Facts related to the victims
1.
The Court will now refer to specific facts related to the victims in the case, which were
acknowledged by the State. In this regard, the Court notes that the Commission, in its Merits
Report, indicated that the information presented may contain inaccuracies with respect to the
dates on which the facts occurred, without this affecting the consistency of the information
presented.
Opario Lemoth Morris
2.
Mr. Opario Lemoth Morris worked as a diver on a fishing boat owned by Geovany Py
Gop. 161 On May 2, 2001, he died after diving to a great depth. 162 According to the records of
the Main Guard of the Departmental Headquarters No. 9 of the National Police based in Puerto
Lempira, department of Gracias a Dios, the death of Mr. Opario Lemoth Morris “was due to
submersion.” 163 That same day, the Departmental Court of First Instance of Puerto Lempira
received 2,000.00 lempiras from Mr. Py Gop on behalf of Mr. Lemoth Morris. However,
Agustina Saldaña Morris, a family member of Mr. Lemoth Morris, stated that this amount
barely covered his funeral expenses. 164 She stated that despite having filed legal actions with
the Justice of the Peace and with a Magistrate, no proceedings took place and no
compensation payment was ordered. Mrs. Saldaña added that the Judge told her that the
case file had been lost. 165
Flaviano Martínez López
3.
Mr. Flaviano Martínez López had an accident on August 22, 1992, while working on a
fishing boat owned by Arcadio Waldemar Molina. Upon surfacing, after diving to a depth of 21
strokes, and after finishing two tanks of oxygen, he began to feel severe dizziness, vomiting
and a sharp pain in his chest, as well as numbness in his extremities. 166 A week after the
accident he was taken to the Vicente D’Antoni Hospital in the city of La Ceiba, but was not
taken to a hyperbaric chamber. 167 Mr. Martínez was diagnosed with decompression syndrome,
tension headache exacerbated by sunlight exposure and musculoskeletal sequelae, as well as
post-traumatic lumbosacral pain, multicarential syndrome and a history of underwater spinal
cord trauma. 168 Between 1992 and 2011, he had three more diving-related accidents. 169 On
one occasion, in 1995, more than two weeks passed before he was taken to a hyperbaric
161
Cf. Death certificate issued by Departmental Headquarters No. 9 of the National Police of the Ministry of
Security of February 19, 2002 (merits file, folio 32).
162
Cf. Death certificate of September 24, 2002 issued by the National Registry of Persons (merits file, folio 32).
Cf. Death certificate issued by the Departmental Headquarters No.9 of the National Police of the Ministry of
Security of February 19, 2002 (merits file, folio 32).
163
Cf. Receipt for 2,000 lempiras dated May 2, 2001, with seal of the Secretariat of the Supreme Court of Justice
(merits file, folio 32).
164
165
Cf. Interview with Agustina Saldaña Morris dated October 15, 2014. Audio No. 1 (merits file, folio 32).
Cf. Ordinary labor lawsuit of first instance for seizure of assets as compensation for work-related accident and
temporary disability, signed with fingerprint allegedly of Flaviano Martínez López dated March 20, 2001 (merits file,
folio 32).
166
167
Cf. Interview with Flaviano Martínez López dated October 15, 2014 (merits file, folio 32).
168
Cf. Medical certificate issued by Dr. Miguel A. Sierra of the Medical College of Honduras, dated April 2, 1993.
Report of the Vicente D'Antoni Hospital dated January 30, 1996 (merits file, folio 33).
169
Cf. Interview with Flaviano Martínez López dated October 15, 2014 (merits file, folio 34).
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