5. The petitioners allege that on February 6, 1995, Blanca Jeannette Kawas, 47 years of age
and President of the Foundation for the Protection of the Natural Resources of the Regions of
Lancetilla, Punta Sal, and Texiguan (PROLANSATE), was at home in the company of her
personal assistant, Mr. Marcial Bueno, when she was murdered by gunshot.
6. They further allege that Mr. Marcial Bueno was a witness to the event, and he stated that
the alleged victim fell to the floor as a result of a shot that went through her left cheek. The
judicial inspection report described in the record of removal of the body that a 9 mm caliber
firearm had been used, and that the alleged victim died instantly from a shot to the back of
the neck with a exit wound in the left cheek.
7. On the day following these events, the petitioners indicate that an investigation was
opened, and various statements were obtained providing information on the alleged
perpetrators, a description of the vehicle used by them, and the presumed motives. They also
report that the Criminal Court [Juzgado de Paz de lo Criminal] of Tela, Department of
Atlántida, in charge of the investigation also received information from persons who had
disputes with the alleged victim as a result of her environmental work, and who gave
information on the alleged parties responsible for both the planning and execution of the
crime.
8. They further contend that from these initial statements, it is evident that the alleged victim
received a series of threats as a result of the work she performed. Moreover, according to a
report from the office of the First Regional Command of the Public Security Forces (CORE),
they had information on persons suspected of the crime, but no investigation was conducted
on the basis of that information.
9. They also argue that confidential testimony was offered to Edmundo Orellana, the Public
Prosecutor [Fiscal General] at the time, involving information on the alleged perpetrators of
the murder, and that none of those persons was investigated or summoned to give a
statement, and that no efforts were made to inquire further into the information provided.
10. The petitioners also contend that on March 6, 1995, Juan Francisco López gave a
statement, containing his version regarding the alleged perpetrators, which included a woman
by the name of Reina Mc-Voy, who allegedly asked him to contact a hit man or murderer. He
also provided the names of the alleged principals who committed the crime. Mr. López gave
the same statement to a CORE Commander.
11. They report that, as a result of this, the judge in charge of the case decided that same day
to issue a warrant for the arrest of the persons named in the statement.
12. The petitioners argue that two days after issuing the arrest warrants, the same judge
rescinded the warrants in a resolution, without offering any grounds or cause. Moreover, the
prosecutor in charge of the case did not appeal the decision by the judge or request an
explanation of the reasons for it.
13. The petitioners further contend that in September 1995, Rogelio A. Pacheco Barahona,
Chief of Operations of the Criminal Investigation Department (DIC), sent a memo to the
assistant director of that department explaining the reasons why he believed that the party
allegedly responsible for planning the crime was a person by the name of Jorge Montoya. This
neither triggered an investigation, nor resulted in a summons of the alleged author to testify.
14. In addition, they allege that one year later, on May 10, 1996, that same organization (DIC)
submitted a report in which the same above-mentioned person was linked to the murder of the
alleged victim, and that the reason was the sale of land by Mr. Montoya to the Maloff brothers,
who requested that he return the money from the sale, because they were unable to log the
land due to cancellation of the logging permit, as a result of steps taken by Jeannette Kawas
involving the national office in charge of those matters.
2