58
171. The States must take into consideration the information that differentiates the
members of the Indian populations from that of the population in general, and that
make up their cultural identity.118 Language one of the most important elements of
identity of any people, precisely because it guarantees the expression, diffusion, and
transmission of their culture.
172. In the present case, the restriction on the liberty to speak Garifuna applied to
some inmates of the Criminal Center of Tela was discriminatory in detriment of Mr.
Alfredo López Álvarez, as a member of the Garifuna community.
173. The Court finds that by prohibiting Mr. Alfredo López Álvarez to express himself
in the language of his choice, during his detention in the Criminal Center of Tela, the
State applied a restriction to the exercise of his liberty of expression incompatible with
the guarantee established in the Convention and that, at the same time, constituted a
discriminatory act against him.
174. The above considerations lead the Court to conclude that the State is
responsible for the violation of the rights to liberty of thought and expression and
equal protection before the law, enshrined in Articles 13 and 24 of the American
Convention, and for the non-compliance of the general obligation to respect and
guarantee the rights and liberties established in Article 1(1) of the same instrument, in
detriment of Mr. Alfredo López Álvarez.
XII
VIOLATION OF ARTICLE 16 OF THE AMERICAN CONVENTION
IN RELATION WITH ARTICLE 1(1) OF THE SAME
(Freedom of Association and Obligation to Respect Rights)
175.
Arguments of the representatives:
a)
the arrest of Mr. Alfredo López Álvarez had the purpose of separating
him from his tasks as a defender of human rights in his quality of member of
the Committee of Lands and of the Honduran Black Fraternal Organization. His
transfer to the National Penitentiary of Támara, in Puerto Cortés, helped to the
objective of separating him from the Committee of Defense of the Rights of the
Inmates, and
b)
the actions of the Honduran authorities are part of a pattern of
persecution and harassment against the defenders of human rights; said
persecution is not limited to the present case, since it has cost some Honduran
indigenous leaders their life.
176.
Arguments of the Commission:
It did not present arguments regarding this Article.
118
Cf. Case of the Indigenous Community Yakye Axa. Judgment of June 17, 2005. Series C No. 125,
para. 51.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos