IACHR Welcomes Full Compliance by Honduras with Friendly Settlement Agreements in Cases 12,961E and 12,961J

August 18, 2022

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) has decided to declare full compliance with Friendly Settlement Reports 42/21 and 205/21, concerning Cases 12,961 E—Ecar Fernando Zavala Valladares et al.—and 12,961 J—Faustino García Cárdenas et al.—regarding Honduras. The Commission will therefore stop monitoring these agreements.

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 friendly settlement agreements in both cases, which were respectively approved by the Commission on March 20, 2021, and on September 4, 2021. 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 58 beneficiaries of the agreement concerning Case 12,961 E and to the two beneficiaries in Case 12,961 J. The Commission therefore declared that full compliance with both agreements had been achieved and stopped monitoring their implementation.

The Inter-American Commission had closely followed the implementation of the friendly settlements that had been agreed in these cases. The IACHR commended both parties on their efforts in negotiations and during the monitoring stage of these friendly settlement agreements that turned out to be compatible with the Convention.

The IACHR is pleased to see that, by attaining full compliance with these friendly settlement agreements concerning police officers who were dismissed in Honduras, as stated in reports 105/19 (Case 12,961 A—Bolívar Salgado Welban et al.); 101/19 (Case 12,961 C—Marcial Coello Medina et al.); 104/19 (Case 12,961 D—Jorge Enrique Valladares Argueñal et al.); 42/21 (Case 12,961 E—Ecar Fernando Zavala Valladares et al.); 20/20 (Case 12,961 F—Miguel Ángel Chinchilla Erazo et al.), and 205/21 (Case 12,961 J—Faustino García Cárdenas et al.), the Honduran State has provided reparations to a total of 229 beneficiaries in what was originally Case 12,961—Juan González et al., according to each individual's rank and wage level. The State paid out a total of 83.585 million lempiras (about 3.413 million dollars, according to estimates made when each agreement was approved).

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. 183/22

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