I.
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. On May 24, 2019, pursuant to Articles 51 and 61 of
the American Convention and Article 35 of the Court’s Rules of Procedure, the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the jurisdiction of the Inter-American Court case No. 12.738
“Opario Lemoth Morris et al. (Miskito divers)” against the Republic of Honduras (hereinafter
“the State” or “Honduras”). According to the Commission, the case relates to the State’s
alleged international responsibility for the violation of several rights to the detriment of 42
Miskito divers and their next of kin. The Commission concluded that the State is responsible
for the violation of the right to personal integrity of 34 Miskito divers (infra para. 28) who
suffered accidents as a result of deep dives that caused them decompression sickness. It also
considered that the State violated the right to life of 12 divers who died shortly after those
accidents. The Commission further concluded that these violations “were the result of the
State’s omissions and indifference to the problem of labor exploitation by fishing companies
and the performance of diving activities in dangerous conditions.” In addition, the Commission
considered that the right to life of seven Miskito divers was violated after the boat in which
they were traveling exploded, as well as that of a 16 year-old boy who disappeared while
working on a fishing boat. The Commission likewise concluded that the State is responsible
for the violation of the principle of equality and non-discrimination, given the multiple factors
of vulnerability of the divers. Finally, the Commission found that the State did not have
administrative, judicial and other mechanisms in place to respond adequately and effectively
to the violations indicated in the Merits Report. The Commission also established a violation
of the right to personal integrity of the next of kin of the alleged victims. The names of the
alleged victims in the instant case can be found in Annex 1 of this judgment.
2.
Procedure before the Commission. The procedure before the Commission was as
follows:
a. Petition. On November 5, 2004, the Commission received a petition lodged by the
Asociación de Miskitos Hondureños de Buzos Lisiados (AMHBLI: Association of Disabled
Honduran Miskito Divers); Asociación de Mujeres Miskitas - Miskito Indian Mairin Asla
Takanka (MIMAT: Association of Miskito Women); and the Almuk Nani Asla
Takanka Council of Elders. On December 18, 2007, the Center for Justice and International
Law (CEJIL) was accredited as a co-petitioner.
b. Admissibility Report. On November 12, 2009, the Commission adopted Admissibility
Report No. 121/09.
c. Merits Report. – On May 8, 2018, the Commission issued Merits Report No. 64/18, in
accordance with Article 50 of the Convention (hereinafter “Merits Report” or “Report No.
64/18”).
d. Notification to the State. On June 25, 2018, the Merits Report was notified to the State,
which was granted two months to report on its compliance with the recommendations.
Subsequently, the Commission granted the State three extensions to report on its
compliance with the recommendations. The State did not request a further extension and
did not provide information on specific advances in compliance with the recommendations.
3.
Submission to the Court. On May 24, 2019, the Commission submitted all the facts
and human rights violations described in Merits Report No. 64/18 to the jurisdiction of the
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