V
ACKNOWLEDGMENT OF INTERNATIONAL RESPONSIBILITY BY THE STTATE AND
ENDORSEMENT OF THE FRIENDLY SETTLEMENT AGREEMENT
A. The friendly settlement agreement
14.
On February 28, 2012, during the public hearing of the case, the parties submitted to
the Court a friendly settlement agreement15 between the State of Honduras and the
representatives of the presumed victims, and the Inter-American Commission endorsed this
agreement during the public hearing. In the agreement, the State acknowledged its
international responsibility with regard to the context, the facts, and the violations described
in the Commission’s Report on Merits, and the corresponding measures of reparation were
established.
15.
During the hearing of the case, the State read the agreement and made a “public
acknowledgment of international responsibility,” as follows:16
[…]
The State of Honduras acknowledges that life is a supreme, irreplaceable and
irreparable right. It also acknowledges that the human being is the supreme purpose
of society and that it corresponds [to the State] to protect his or her intrinsic rights. In
short, […] it corresponds to the State to ensure that its citizens may enjoy justice. The
State of Honduras is a signatory of the Charter of the Organization of American States,
the American Declaration of the Rights and Duties of Man, the Universal Declaration of
Human Rights, and the American Convention on Human Rights, instruments of the
inter-American system for the protection of human rights, which recognize to the
individual all the fundamental guarantees such as […] the right to life, to safety, and
to personal integrity. Based on their violation, [the State] acknowledges […] its
responsibility for the death of 107 persons who were detained in the San Pedro Sula
Prison, Department of Cortés, Honduras, as a result of the fire that occurred owing to
the conditions at this prison that resulted in the human rights violations.
The State of Honduras […] acknowledges that no price can be placed on a human life
and that the amount that it has undertaken to pay on this occasion will not
compensate those that lost their life or bring them back. Nevertheless, it may help
their next of kin to mitigate some of their needs, but not the anguish of losing their
family members. Based on the foregoing, [the State] reiterates to the next of kin,
friends, and general public, its apologies for the events that took place, and expresses
its deepest condolences for the death of these individuals, represented before this
Court on this occasion by the Pastoral Penitenciaria Sanpedrana CARITAS and the
Equipo de Reflexión, Investigación y Comunicación (ERIC). The State of Honduras
acknowledges and appreciates the Court’s intervention to assist the parties in dispute
to reach an agreement […].
16.
In view of the State’s acknowledgement of rights in relation to the violations declared
in the Merits Report, the State accepted its international responsibility for the violation of
the rights embodied in Articles 4, 5, 7, 9, 8 and 25, in relation to Article 1(1) and 2, all of
the American Convention.
15
Cf. Friendly settlement agreement. Case 12,680. Pacheco Teruel et al. v. Honduras (merits report, folios
574 to 582).
16
Acknowledgement of responsibility made on February 28, 2012, by Ethel Suyapa Deras Enamorado,
Attorney General of the Republic, during the public hearing of the case (transcript of the hearing). Available at:
http://vimeo.com/37633316.
8