14
directors, as well as receiving the claims related to environmental damage suffered in the
region and the Municipality of Tela”.26
51.
Under the charge of Mrs. Kawas-Fernández, the foundation obtained, among other
things,27 the approval by National Congress of Decree Law No. 154–94, whereby the Punta
Sal area in the Department of Atlántida was formally recognized as National Park.28 Pursuant
to the testimony of her brother, Mr. Jacobo Kawas, “[Blanca Jeannette] was tireless in
performing her duties[…], always fulfilling her obligations and trying to have these lands
recognized as […] protected areas; something she achieved after significant efforts and hard
work”.29 The result of her efforts became evident weeks after her death (infra para. 53),
when on March 17, 1995, National Congress named the Punta Sal National Park “Blanca
Jeannette Kawas-Fernández National Park," considering that she had “devot[ed] entirely to
the defense of the ecosystem”.30
52.
Through the foundation, Mrs. Kawas-Fernández reported cases of illegal wood
exploitation, damage to Punta Sal National Park and other protected areas; she also
opposed openly to diverse economic development projects in the area.31 A few days before
her death (infra para. 53), Mrs. Kawas-Fernández organized a demonstration in the city of
26
Cf. statement rendered by Rafael Sambulá before the Inter-American Court, supra note 25.
27
In the brief of requests and arguments, the representatives alleged that during Blanca Jeannette KawasFernández’s term in office as President, the foundation obtained the approval by the Secretary of Education for the
Environment and Ecology undergraduate course (Bachillerato en Ecología y Medio Ambiente), that today offers
Instituto Triunfo de la Cruz, in Tela, and “through the Secretary of Environment, the cancellation of the permits for
building a channel parallel to Martínez dam, located to the southeast of Parque Punta Sal."
28
Cf. decree No. 154-94 “whereby Punta Sal is formally recognized as National Park” Official Gazette No.
27.538 of December 28, 1994 (record of appendixes to the application, appendix 8, folios 301 to 306), and
statement of Rafael Sambulá rendered before the Inter-American Court at the public hearing held on December 2,
2008.
29
Cf. statement rendered by Jacobo Kawas-Fernández before the Inter-American Court, supra note 25.
30
Cf. decree No. 43-95 whereby it is Ordered to "Designate Punta Sal National Park as Blanca Janeth KawasFernández National Park", Official Gazette No. 27.636 of April 25, 1995 (record of appendixes to the application,
appendix 9, folio 308).
31
Cf. statement of Rafael Sambulá rendered on March 1, 1995, before the Juzgado de Paz de los Criminal
(Criminal Magistrate’s Court) in and for Tela, (record of appendixes to the answer to the application, appendix 8,
folio 2551); statement of Ismael Edgardo Lozano rendered on February 21, 1995, before Juzgado de Paz de los
Criminal (Criminal Magistrate’s Court) in and for Tela (record of appendixes to the answer to the application,
appendix 8, folio 2142); testimony of Saúl Benjamín Zapata-Mejía rendered on January 20, 2004 (record of
appendixes to the answer to the application, appendix 8, folios 2320 and 2321); Technical Legal Report No. DCATSATJ- AFS 022/20003 “Determination of the investigation procedures to be carried out in a criminal proceeding
initiated under the former Code of Criminal Procedure”. Attorney General’s Office Technical Legal Training
Department, November 18, 2003 (record of appendixes to the answer to the application, appendix 8, folios 2371 to
2392); investigation report of the Dirección General de Investigación Criminal (General Bureau of Criminal
Investigations) of October 30, 2003, signed by Daniel Barahona, Non-commissioned Officer III of Investigations
(record of appendixes to the answer to the application, appendix 8, folios 2341 to 2343); official letter of December
7, 2006, sent by the Dirección General de Investigación Criminal (General Bureau of Criminal Investigations) to the
Court of First Instance in and for Tela (juzgado de Letras Seccional, Tela), Atlántida (record of appendixes to the
answer to the application, appendix 8, folios 2431 and 2432); and report of November 27, 2006, addressed to the
General Director of Criminal Investigations (record of appendixes to the brief of requests and arguments, appendix
L.17, folios 1747).