2
July 20, 2006, the Commission adopted Report on Merits No. 63/06,2 pursuant to Article 50
of the Convention, which made certain recommendations to the State. This report was
notified to the State on August 4, 2006. After considering the information provided by the
parties following the adoption of the Report on Merits, and based on “the lack of substantive
progress in complying effectively with [its recommendations],” the Commission decided to
submit the instant case to the jurisdiction of the Court. The Commission appointed Florentín
Meléndez, Commissioner, and Santiago A. Canton, Executive Secretary, as delegates, and
the lawyers, Elizabeth Abi-Mershed, Deputy Executive Secretary, Juan Pablo AlbánAlencastro and Alejandro Aristizábal, experts attached to the Commission’s Executive
Secretariat, as legal advisers.
2.
According to the Commission’s application, on February 6, 1995, at approximately
7:30 p.m., Blanca Jeannette Kawas-Fernández was shot and murdered while she was inside
her home. The Commission indicated that, at the time of her death, Mrs. Kawas-Fernández
was President of the Fundación para la Protección de Lancetilla, Punta Sal, Punta Izopo y
Texiguat [Foundation for the Protection of Lancetilla, Punta Sal, Punta Izopo and Texiguat]
(hereinafter, “PROLANSATE”), an organization created in order “to improve the quality of life
of the people who live within the watersheds of the Bahía de Tela [Department of Atlántida,
Honduras],” and that, in this capacity, “she had denounced, among other matters, the
attempts by private individuals and entities to illegally appropriate Punta Sal, as well as the
contamination of the lakes and the depredation of the forests of the region.” According to
the Inter-American Commission, “the material contained in the record effectively shows
solid indications to reach the conclusion that the state has direct responsibility in the
deprivation of the life of the alleged victim”. Moreover, it stated that following her death
“serious omissions revealed that the State authorities did not adopt with due diligence all
the necessary measures to conduct an investigation that would achieve a concrete outcome.
As a result of the State’s failure to comply with its obligation, the right of ‘the next of kin’ of
the [alleged] victim to know the truth about what happened and to reparation for the losses
they suffered has been denied.”
3.
The Commission alleged that “the effects of the impunity in this case, and the failure
to adopt measures that would avoid a repetition of the facts, has contributed to a context of
impunity for the acts of violence committed against defenders of human rights and of the
environment and natural resources in Honduras.” In this regard, it indicated that “the case
reflects the situation of defenders of the environment and natural resources in Honduras,
the attacks against these individuals, and the obstacles to the investigation of acts of
harassment and aggression.”
4.
Based on the above, the Commission asked that the Court declare the international
responsibility of the State for the violation of Article 4 (Right to Life) of the American
Convention, in relation to Article 1(1) (Obligation to Respect Rights) thereof, to the
detriment of Blanca Jeannette Kawas-Fernández; and of Articles 8 (Right to a Fair Trial) and
25 (Right to Judicial Protection) also of the American Convention, in relation to Article 1(1)
2
In Report on Merits No. 63/06, the Commission concluded that the State was responsible for the violation
of Article 4 of the American Convention (Right to Life) in relation to the obligations established in Article 1(1)
thereof, to the detriment of Blanca Jeannette Kawas-Fernández; and of the rights recognized in Articles 8 (Right to
Fair Trial) and 25 (Right to Judicial Protection) of the American Convention, in conjunction with Articles 1(1) and 2
thereof, to the detriment of the next of kin of Mrs. Kawas-Fernández. The Commission also considered that “there
were no independent grounds for declaring the State responsible for the alleged violations of the [right to personal
integrity] Article 5 of the American Convention” (file of attachments to the application, appendix 1, fs. 672, para.
118).