into it would pollute it.35 The construction project was being undertaken by the businessman Miguel Facussé.36 58. Mr. Pedro Marchetti, a witness in the domestic criminal proceedings and one of Carlos Escaleras Mejía’s colleagues, said that Escaleras participated “in the struggle against the opening of Miguel Facussé’s new African palm processing plant, which played a major role in the cancellation of an enormous World Bank loan to the Cressida company; (…) the coalition of eight environmental organizations (…) influenced the cancellation of the loan.” Mr. Marchetti said that it “was common knowledge throughout Tocoa (…) that Carlos Escaleras Mejía was a thorn in the sides of Miguel Facussé and the leaders of the Liberal Party.”37 59. René Escaleras, the alleged victim’s brother and one Miguel Facussé’s employees, stated that shortly before Carlos Escaleras’s murder, his employer asked him to “speak to his brother (…) for him to stop fighting for the environment because (…) it had caused him a loss of several million lempiras.”38 He said that Mr. Facussé had told him that he had incurred those financial losses because Carlos Escaleras “organized [an] opposition movement that prevented him from opening a palm-oil processing plant, claiming that it would generate toxic waste that would pollute Tocoa’s water.”39 60. René Escaleras said that when he spoke with his brother Carlos, he had replied that he would continue to lead “the pro-environment movement.”40 According to this same witness, Carlos Escaleras Mejía’s reply led to his firing from Miguel Facussé’s company.41 61. As described in the following section, Carlos Escaleras Mejía was murdered three months after that incident. 62. In addition, Carlos Escaleras was chosen as the Democratic Unification Party’s candidate for mayor of Tocoa in the November 1997 elections. 42 Ms. Blanca Escobar, a person who was close to Carlos Escaleras Mejía, gave a witness statement at the trial stating that before his death, Mr. Escaleras was the victim of pressure and threats and even received offers of money in exchange for withdrawing from the election.43 63. According to Blanca Escobar, one week prior to Mr. Escaleras’s murder, Hernán Banegas, then a candidate and later the mayor of Tocoa, told Carlos Escaleras that “Liberal Party Congressman 35 Annex 9. Petitioners’ submission of August 6, 2005; Annex 10. Judicial statement of Pedro Marchetti, dated November 28, 2000, pp. 299-300; Annex 7. Committee of Relatives of the Detained and Disappeared in Honduras (COFADEH), Erguidos como pinos. Memoria sobre la construcción de la conciencia ambientalista, Honduras, 2006, p. 39. 36 Annex 11. Document DGIC-TC-12-2000, dated November 20, 2000, judicial case file, p. 327, annexed to the initial petition of January 14, 2002; Annex 12. Newspaper article “New evidence presented to clear up death of Escaleras,” published in the daily La Prensa, dated October 26, 2000, judicial case file, p. 325, annexed to the initial petition of January 14, 2002. 37 Annex 10. Judicial statement of Pedro Marchetti, dated November 28, 2000, pp. 299-300. Annex 13. Report of the General Directorate of Criminal Investigation, dated September 23, 1999, judicial case file, pp. 162163, annexed to the initial petition of January 14, 2002. 38 39 Annex 13. Report of the General Directorate of Criminal Investigation, dated September 23, 1999, judicial case file, pp. 162163, annexed to the initial petition of January 14, 2002. 40 Annex 13. Report of the General Directorate of Criminal Investigation, dated September 23, 1999, judicial case file, pp. 162163, annexed to the initial petition of January 14, 2002. 41 Annex 13. Report of the General Directorate of Criminal Investigation, dated September 23, 1999, judicial case file, pp. 162163, annexed to the initial petition of January 14, 2002. 42 Information provided consistently by the petitioners and not disputed by the State; Annex 7. Committee of Relatives of the Detained and Disappeared in Honduras (COFADEH), Erguidos como pinos. Memoria sobre la construcción de la conciencia ambientalista, Honduras, 2006, p. 39. 43 Annex 14. Judicial statement of Blanca Escobar, dated September 29, 1999, p. 171. 10

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