admissible with respect to the rights set out in Articles 4, 5.1, 5.2, 8.1, and 25.1 of the American Convention, in
conjunction with Article 1.1 thereof.
6.
On June 6, 2005, the IACHR sent the parties a communication informing them that a report
on admissibility had been adopted. The petitioners submitted comments on the merits on August 6 and
December 2, 2005, and on September 17, 2006. In turn, the State presented comments on October 13, 2005,
and February 24 and September 1, 2006.
7.
By means of a communication dated September 1, 2006, the Commission made itself
available to the parties to commence the friendly settlement procedure. On March 5, 2007, a working meeting
convened by the IACHR was held between the petitioners and the State. At that working meeting, the
petitioners submitted a written proposal for the terms of a possible friendly settlement agreement. The State
submitted comments on May 7 and 18, 2007, September 12, 2007, February 14, 2008, and March 7, 2008. The
petitioners submitted comments on July 20, 2007, October 31, 2007, May 28, 2008, and November 19, 2008.
8.
On March 21, 2009, a second working meeting convened by the IACHR was held between the
petitioners and the State. The petitioners submitted their comments on April 2, 2009, December 1, 2010, and
February 24, 2011. In turn, the State submitted comments on December 10, 2010.
9.
By means of a submission dated August 22, 2011, the petitioners asked the Commission to
issue its report on the merits in the case, given the failure to reach a friendly settlement agreement. The State
submitted replies to that communication on September 8 and November 10, 2011. On December 27, 2011,
the petitioners repeated their request that the IACHR adopt its report on the merits.
10.
On January 11, 2012, the Commission informed both parties that it was concluding the
friendly settlement procedure. The State sent a communication on February 9, 2012. In turn, the petitioners
submitted communications and comments on the merits on June 11, 2012, September 24, 2012, and February
22, 2013. On April 8, 2014, the IACHR again informed the parties that it had concluded the friendly settlement
procedure and had decided to continue with its processing of the case.
11.
All submissions were duly forwarded between the parties.
III.
POSITIONS OF THE PARTIES
A.
Position of the Petitioners
12.
The petitioners contend that the State is responsible for the murder of the ecological activist
Carlos Escaleras Mejía on October 18, 1997, as well as for the failure to conduct an investigation for
elucidating the incident and punishing those responsible for the killing.
13.
They state that Mr. Escaleras Mejía’s murder took place in a context of threats, persecution,
and killings of ecologists and environmentalists, as occurred in the cases of Blanca Jeannette Kawas and
Carlos Luna, of which the agencies of the inter-American system are already aware. They claim that those acts
of violence are the work of “powerful landowners and business owners,” which has been tolerated by the
State.
14.
They contend that the struggle of activists and ecologists, which frequently involves the right
to a healthy environment of poor communities and indigenous and campesino sectors, is seen as a serious
obstacle to business projects that see such areas as fruitful locations for the pursuit of highly profitable
activities. They state that the context of violence faced by those people has become so widespread that
various human rights bodies and international organizations, including several agencies of the United
Nations, have expressed their concern in connection with the phenomenon.
15.
The petitioners claim that the State is internationally responsible for the violation of Carlos
Escaleras Mejía’s right to life. They report that prior to his homicide, Mr. Escaleras and his family received
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