54
relevant judicial proceeding, thus causing the violations in this case to remain unpunished.”
In this regard, they noted that “[i]t is evident that being an environmentalist in Honduras
entails high risk. An environmentalist’s work becomes increasingly dangerous every day.
The impunity surrounding the case of Kawas opened the door to a context of violence
targeting environmentalists, with the State failing to effectively take preventive and
investigative measures, in addition to the judicial officers’ failure to act on their own
motion.” The representatives requested the Court that “[the victims] be allowed full access
and recognized the standing to act at all procedural stages, in accordance with domestic law
and the American Convention[,] [that the] outcome of the investigation [be] made publicly
known and widely publicized in order that it is known by the Honduran society, [and that]
the State of Honduras be ordered to refrain from resorting to procedural obstacles such as
amnesty, the statute of limitations or any other mechanism intended to promote the
exclusion of liability of those involved in the facts.”
189. In Chapter VII of this Judgment, the Court established that about 14 years have
elapsed since Mrs. Blanca Jeannette Kawas-Fernández was deprived of her life. It was
further established that the body of evidence contains sufficient elements indicating that
state agents were involved in these events. The measures taken domestically in this regard
have not amounted to an effective recourse to guarantee true access to justice for the next
of kin of Mrs. Blanca Jeannette Kawas-Fernández within a reasonable period of time,
including the clarification of the facts of her murder, the investigation of the acts of
obstruction, and, as the case may be, the punishment of all persons responsible and
reparation of the violations (supra paras. 117 and 118).
190. The Court repeats that the State is required to fight such impunity by all means
available, as impunity fosters the chronic repetition of human rights violations and renders
victims -who have a right to know the truth of the facts- completely defenseless.224 The
acknowledgment and exercise of the right to know the truth in a specific situation represent
a means of reparation. Therefore, in the instant case, the right to know the truth creates in
the victims a legitimate expectation that must be satisfied by the State.225 The guarantee
obligation enshrined in Article 1(1) of the American Convention entails the duty of the
States Parties to the Convention to organize the governmental apparatus and, in general, all
the structures through which public authority is exercised in a manner such that they may
ensure, in legal terms, the free and full exercise of human rights.226
191. Considering the above, as well as the Court’s case law,227 the Court orders that the
State is to effectively conduct the criminal proceedings that are currently pending in
connection with both the murder of Mrs. Blanca Jeannette Kawas and the hindering of the
224
Cf. Case of Velásquez-Rodríguez. Merits, supra note 17, para. 174; Case of La Rochela Massacre, Merits,
Reparations and Costs, supra note 87, para. 289; and Case of Heliodoro-Portugal. Preliminary Objections, Merits,
Reparations and Costs, supra note 123, para. 244.
225
Cf. Case of Velásquez-Rodríguez. Merits, supra note 17, para. 181; Case of Heliodoro-Portugal.
Preliminary Objections, Merits, Reparations and Costs, supra note 123, para. 244; and Case of Tiu Tojin. Merits,
Reparations and Costs, supra note 96, para. 103.
226
Cf. Velásquez-Rodríguez. Merits, supra note 17, para. 166; Case of Ríos et al. Preliminary Objections,
Merits, Reparations and Costs, supra note 10, para. 137, and Case of Perozo et al. Preliminary Objections, Merits,
Reparations and Costs, supra note 10, para. 149.
227
Cf. Case of Baldeón-García v. Perú. Merits, Reparations and Costs. Judgment of April 6, 2006. Series C No.
147, para. 199; Case of Ríos et al. Preliminary Objections, Merits, Reparations and Costs, supra note 10, para.
404; and Case of Perozo et al. Preliminary Objections, Merits, Reparations and Costs, supra note 10, para. 414.
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