8
e) Based on the above, “the Commission considers that the provisions of
operative paragraph number eleven of the Judgment of the Court of June 7,
2003, should be complied with immediately by means of the action that the
Court may deem convenient in order to restore the public order. […] In this
context [...] it would be convenient to set a peremptory term for the State to
fully comply with its obligations and compensate the consequences derived
from the failure to cease conduct in violation of the victim’s next of kin’s
rights. Considering that the Court has already arrived at a decision in this
respect and has evidenced that the elapsed time is no longer reasonable, the
failure by the State to comply with its obligations compromises its liability and
has international consequences.”
CONSIDERING:
1.
That Honduras has been a State Party to the Convention since September 8,
1977 and accepted the contentious jurisdiction of the Court on September 9, 1981.
2.
That Article 63(2) of the American Convention prescribes that, in cases of
“extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons”, the Court may, in the cases under its jurisdiction, adopt the provisional
measures it deems convenient.
3.
That, under the provisions of Article 25 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”),
1.
At any stage of the proceedings involving cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court may, at
the request of a party or on its own motion, order such provisional measures as it deems
pertinent, pursuant to Article 63(2) of the Convention.
[…]
3.
In contentious cases already submitted to the Court, the victims or alleged
victims, their next of kin, or their duly accredited representatives, may present a request
for provisional measures directly to the Court.
[…]
4.
That the representatives stated that the main purpose of the request for
provisional measures is to “avoid further violations” of the right to humane treatment
of the victim's next of kin for the failure by the State to deliver his mortal remains to
them. Furthermore, the representatives acknowledged that the state obligation to
deliver the mortal remains is provided for in the Judgment of preliminary objections,
merits and reparations delivered by the Court on June 7, 2003 in the instant case,
and stated that the requested measures “consist in the immediate delivery of the
mortal remains of Juan Humberto Sánchez” to his next of kin, because the failure to
do so “is causing additional violations of the next of kin’s rights.” In turn, the InterAmerican Commission considered that the failure to deliver the mortal remains of the
victim to his next of kin amounts to a contempt by the State of the Court’s orders
under the above mentioned Judgment and that “the provisions of operative
paragraph number eleven of [said] Judgment […] should be complied with
immediately by means of the action that the Court may deem convenient in order to
restore the public order.” Lastly, the State failed to deliver an opinion on the request
for provisional measures.