2 1. On July 7, 2003, pursuant to that stated in Articles 51 and 61 of the American Convention, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) submitted an application against the Republic of Honduras (hereinafter “the State” or “Honduras”) to the Court, originating from petition No. 12,387, received at the Commission’s Secretariat on December 13, 2000. 2. The Commission submitted the petition for the Court to decide if the State has violated Articles 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8 (Right to a Fair Trial), 25 (Right to Judicial Protection), and 24 (Right to Equal Protection) of the American Convention, in relation with the obligations established in Articles 2 (Domestic Legal Effects) and 1(1) (Obligation to Respect Rights) of said treaty, in detriment of Mr. Alfredo López Álvarez (hereinafter “Alfredo López Álvarez”, “Mr. López Álvarez” or “alleged victim”), member of a Honduran Garifuna community. The Commission stated that: a) the alleged victim was deprived of his personal liberty as of April 27, 1997, date on which he was arrested for the possession and illegal trafficking of narcotic drugs; b) on November 7, 2000 the judge that examined the case issued a conviction against Mr. López Alvarez that was annulled on May 2, 2001 by the Appellate Court of the Ceiba; it ordered that the trial be taken back to its preliminary stage, and c) on January 13, 2003 the Lower Court issued a new judgment, confirmed by the Appellate Court of the Ceiba, which acquitted Mr. López Álvarez; however, he remained in custody until August 26, 2003. 3. Likewise, the Commission requested that the Court, pursuant to Article 63(1) of the Convention, order the State to adopt certain measures of reparation indicated in the petition. Finally, it requested that the Tribunal order the State to pay the costs and expenses generated in the processing of the case in the domestic jurisdiction and before the bodies of the Inter-American system. II COMPETENCE 4. The Court is competent to hear the present case, in the terms of Articles 62 and 63(1) of the Convention, since Honduras is a State Party in the American Convention since September 8, 1977 and it acknowledged the adjudicatory jurisdiction of the Court on September 9, 1981. III PROCEEDING BEFORE THE COMMISSION 5. On December 13, 2000 the Honduran Black Fraternal Organization (hereinafter “OFRANEH” or “the petitioner”), represented by Mrs. Gregoria Flores Martínez, presented before the Inter-American Commission the petition corresponding to the facts of this case. 6. On December 3, 2001 the Inter-American Commission approved Admissibility Report No. 124/01, in which it declared the admissibility of the case. On that opportunity, the Commission put itself at the disposal of the parties in order to reach an amicable solution. On February 13, 2002 the State informed that it refused to accept the Commission’s offer of an amicable solution based on that set forth by the petitioner.

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