15. In addition, the name of a possible murderer was given. Mrs. Mirtala Gómez Amaya, the
sister-in-law of the alleged victim, was said to have committed the murder, partly as a result
of personal altercations related to the assets of Mr. Jacobo Kawas, the brother of the alleged
victim.
16. They further maintained that the same State agents admitted that they were frightened to
proceed with the investigation in the case, as a result of the magnitude of the interests
involved in it.
17. The eye witness to the crime, Mr. Marcial Bueno, has also refrained from giving a
statement out of fear for his life, since he believes that the perpetrators of the murder are
persons from the same area, and that they are highly dangerous.
18. The petitioners additionally contend that Sergeant Perdomo of the Public Security Forces
coerced Juan Francisco López Mejía to say that he had committed the crime. That same
Sergeant was seen visiting the home of Mr. Jorge Montoya, the person who allegedly planned
the murder.
19. Thus the petitioners contend that there are various theories regarding the murder of the
alleged victim, and that none of them was investigated in full, and moreover that “since 1996
the case has been inactive, without any steps taken to clarify the facts, or identify and punish
the persons responsible for planning and executing the crime, and finally that the only legal
action taken after 1996 was the appearance of a new prosecutor on June 8, 2001.” 1 The
petitioners maintain that the investigation into the murder of Blanca Jeannette Kawas
Fernández “has not been serious or effective in bringing justice to this renowned
environmentalist.” 2 Despite the existence of witnesses, declarations, DIC reports etc., that set
forth different hypotheses regarding the murder of the victim, to date “no responsible party
has been identified, and none of the lines of investigation into the different theories has been
completed.” 3
20. The petitioners also allege that the case is part of a policy of extrajudicial executions and
harassment against environmental defenders. They claim that this is a situation that the State
either endorses or tolerates.
21. In the same sense, the petitioners argue that the threats received by the presumed victim,
and his later assassination, are a reflection of the critical situation in which environmentalists
in Honduras live. The execution of other leaders of this movement, such as Héctor Rodríguez
Pastor Fasquel, Carlos Roberto Flores, Carlos Luna and Carlos Escaleras Mejía, reflect this
pattern so much so that Amnesty International, the United Nations, and the Department of
State of the United States of America have included it in several reports. That the judicial delay
is part of the attitude of the State towards defenders of the environment, in this case in
particular, has gone beyond any conception of a reasonable period of time.
22. Finally, the petitioners state that the steps indicated by the State do not resolve the
considerable defects in the investigation, and that they were only taken after a long period of
time had elapsed following the murder.
B.
The State
23. The Honduran State rejects the claim that there is a systematic policy of persecution and
extrajudicial executions against defenders of the environment, and claims that the State has
been promoting and defending human rights ever since a considerable improvement in this
area in the 1990’s.
1
2
3
Petition lodged by the petitioners on January 13, 2003.
Idem.
Idem.
3