of the State’s evidence was extemporaneous. For its part, the Commission pointed out that
the State’s report corroborated the allegation of the lack of impetus in the investigation into
the death of Oscar Aurelio Rodríguez. In view of the foregoing, only those documents and
allegations submitted in response to the Court’s questions will be admitted.23
16.
Finally, according to the Court’s case law, the statements of the presumed victims
rendered by affidavit and at the public hearing (supra para. 11) cannot be assessed in
isolation, but rather within the body of the evidence in the case, given that they are useful
only insofar as they provide additional information on the alleged violations and their
consequences.24
V
PROVEN FACTS
A.
Situation of environmentalists in Honduras
17.
First of all, the Court takes note of the report submitted by the State to the United
Nations Committee on Human Rights on February 21, 2005, according to which:25
“in some cases the villagers that defend natural resources and the environment lose
their lives (such as Janeth Kawas) when opposing the destruction or misappropriation
of sites considered as the patrimony of all inhabitants for their scenic beauty and as
their source of employment (such as Bahía de Tela), which offer relief to families
through the provision of income and food. Carlos Luna is another martyr who lost his
life while defending the forest resources of Olancho. Other local people who have
attempted to exercise their right to freely use the country's natural wealth and
resources (such as estuaries, natural lagoons or mangroves) have met a similar fate,
when they got in the way of powerful economic interests (such as the 12 fishermen in
the southern region of Honduras who were murdered between 1990 and 2001) and
whose deaths remain unpunished.”
18.
Similarly, in the case of Kawas Fernández v. Honduras, the Court established that,
“during the decade following the death of Blanca Jeannette Kawas Fernández, acts of
aggression, threats and the executions of several people dedicated to the defense of the
environment in Honduras26 have been reported. In 1996, Carlos Escaleras, a community
leader in the Valley of Aguán, was executed; in 1998 the environmental activist, Carlos
Luna; in 2001, Carlos Flores, a community leader and environmentalist from Olancho, and
23
Cf. Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs. Judgment of
October 24, 2012. Series C No. 251, para. 23.
24
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43, and
Case of Suárez Peralta, supra, para. 37.
25
United Nations Organization, Committee on Human Rights. Report submitted by the State of Honduras under
Article 40 of the Pact of February 21, 2005, CCPR/C/HND/2005/1, document with the end date of April 26, 2005,
para. 15 (file of attachments to the Report on Merits, page 224).
26
Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series C
No. 196, para. 69, footnote 78, which cites the documentation presented during the prosecution of that case,
specifically: “the assessment rendered by Clarisa Vega Molina before the Inter-American Court […]; Center for
Human Rights and the Environment (CEDHA for its Spanish acronym), The Human Cost of Defending the Planet.
Violations of the Human Rights of Environmentalists in the Americas, Report 2002-2003 […]; Amnesty
International, Honduras: Murders of Environmental Activists in the Olancho Province. February 2007, contents: AI
37/001/2007 […]; Amnesty International. Persecution and resistance. The experience of human rights defenders in
Guatemala and Honduras. August 2007, contents: AI AMR 02/001/2007 […]; memorandum of May 22, 2008,
signed by the Coordinator of the Public Prosecutor’s Office, Juticalpa, Olancho […]; copy of letter No. FEDH-5752009 of July 2, 2008, signed by Coordinating Prosecutor of the Public Prosecutor’s Office of Human Rights […]”.
10