IACHR Publishes Reports 287/22 and 288/22 and Welcomes Full Compliance by Honduras with Friendly Settlement Agreements in Cases 12,961 H and 12,961 I

December 9, 2022

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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) has decided to approve the friendly settlement agreements concerning Cases 12,961 H—Juan González et al., Honduras—and 12,961 I—Tránsito Edgardo Arriaga López et al., Honduras—and to publish approval reports 287/22 and 288/22.

These cases concern the State's international responsibility for alleged violations of the rights to a fair trial and to judicial protection, given the unwarranted dismissal of the alleged victims without due process, citing Decree 58-2001. The petitioners allege that the State is responsible for violations of the rights enshrined in Articles 5 (right to humane treatment), 10 (right to compensation), 11 (right to privacy), 17 (rights of the family), and 24 (right to equal protection) of the American Convention, in accordance with the general obligations established in Articles 1.1 and 2 of this instrument.

The parties signed the friendly settlement agreement in Case 12,961 H on September 18, 2019, and the one in Case 12,961 I on December 3, 2019, and both agreements were approved by the Commission on November 8, 2022. During the process of monitoring the implementation of these agreements, the IACHR found that the Honduran State had fully complied with all its commitments, by providing financial compensation to the 27 beneficiaries of the agreement concerning Case 12,961 H and to the 34 beneficiaries in Case 12,961 I. The Commission therefore declared that full compliance with both agreements had been achieved and stopped monitoring their implementation.  

The Commission celebrates full compliance by the State with these friendly settlement agreements and notes with pleasure that, with the full implementation of these agreements concerning police officers dismissed in Honduras (held in reports 105/19, on Case 12,961 A—Bolívar Salgado Welban et al.; 101/19, on Case 12,961 C—Marcial Coello Medina et al.; 104/19, on Case 12,961 D—Jorge Enrique Valladares Argueñal et al.; 42/21, on case 12,961 E—Ecar Fernando Zavala Valladares et al.; 20/20, on Case 12,961 F—Miguel Ángel Chinchilla Erazo et al.; 205/21, on Case 12,961 J—Faustino García Cárdenas et al.; 287/22, on Case 12,961 H—Juan González et al.; and 288/22, on Case 12,961 I—Tránsito Edgardo Arriaga López et al.), the Honduran State has provided redress by paying financial compensation worth a total of approximately USD $4.76 million to a total of 290 victims of the original Case 12,961—Juan González et al., based on each individual's rank and salary.

Finally, the Commission commends the Honduran State on its efforts to solve cases that are taken before the petition and case system through its friendly settlement mechanism and congratulates it for its work to achieve the full implementation of this friendly settlement agreement. The Commission further congratulates the petitioners for their involvement in negotiations and their efforts to ensure implementation of these agreements.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 274/22

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