C.2.3. Request for measures in memory of the victim
231. The representatives told the Court that “Mr. Carlos Luna López lost his life because of
his struggle to protect the environment. […] It is important to keep his memory alive so that
present and future generations will know about the message of Carlos Luna, the reasons for
his death and learn to protect the environment. This will contribute to prevent such
regrettable events from occurring in the future. With these objectives in mind, as in the
Case of Kawas, [regarding the Punta Sal National Park, now the Blanca Janeth Kawas
Fernández National Park,] the representatives of the victims ask[ed] the [Court] to order
the State of Honduras to rename the current Patuca National Park, which is mainly located
in Catacamas, with the name of Carlos Luna López, an action that should be publicized in at
least one printed publication and on television channel with national coverage.”
Furthermore, they indicated to the Court that “[t]o honor [the] memory [of Mr. Luna
López], his struggles and those of his family to obtain justice, […] the State of Honduras be
ordered to remodel the plaza located in front of the Catacamas Municipal building and
construct a monument dedicated to Carlos Luna López. This measure should be carried out
taking into account the criteria of Mr. Luna’s family.”
232. For their part, neither the Commission nor the State referred to this type of
reparation measure.
233. Regarding the measures of reparation measures requested by the representatives,
the Court considers that the provisions of paragraphs 227 and 230 of this Judgment are
sufficient and appropriate to remedy, in part, the violations caused to the victims and fulfill
the purpose indicated by the representatives. 330 Accordingly, the Court does not consider it
appropriate to order such measures.
C. 3.
Guarantees of non-repetition
234. In cases such as this, guarantees of non-repetition take on a greater significance in
ensuring that similar events are not repeated in future and to contribute to their
prevention.331 In this sense, the Court recalls that the State must prevent the reoccurrence
of the human rights violations described in this case and adopt all legal, administrative and
other measures necessary to protect human rights defenders in the exercise of their human
rights, in compliance with the obligations to respect and guarantee rights enshrined in
Article 1(1) and 2 of the Convention.332
C.3.1. Request for the development of protocols for the due diligence
in the investigations of human rights violations
235. The Commission asked the Court to order the State to “[s]trengthen its institutional
capacity to combat the pattern of impunity in cases involving threats and deaths of
defenders, through the design of investigation protocols that take into account the risks
inherent in the work of defending human rights, and in particular the right to a healthy
330
Cf. Case of Fontevecchia and D’Amico, supra, para. 110 and Case of Suárez Peralta, supra, para. 189.
331
Cf. Case of Pacheco Teruel el at. v. Honduras. Merits, Reparations and Costs. Judgment of April 27, 2012.
Series C, No. 241, para. 92. Also, Cf. “The guarantees of non-repetition […] will also contribute to prevention.” UN,
Basic Principles and Guidelines on the Right to a Remedy and Reparations for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International Humanitarian Law, Resolution approved by
the UN General Assembly, UN Doc. A/Res/60/147, December 16, 2005, principle 23.
332
Cf. Case of Velásquez Rodríguez. Reparations and Costs, supra, para. 166 and Case of Suárez Peralta,
supra, para. 195.
68
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