22
69.
During the decade that followed the death of Mrs. Blanca Jeannette KawasFernández, there have been reports of acts of aggression, threats and execution of various
individuals who devoted to the defense of the environment in Honduras.78 In 1996, Carlos
Escaleras, a popular leader of Valle del Aguán,79 was executed; in 1998, Carlos Luna, an
environmental activist;80 in 2001, Carlos Flores, a community leader and environmental
activist of Olancho, and in 2006, Heraldo Zúñiga and Roger Iván Cartagena, members of the
Olancho Environmental Movement (MAO).81 The information provided by the State shows
that, even though there have been convictions for these events, some of the individuals
responsible therefor have not been captured, and instigators have not been identified
either.82
70.
Moreover, in 2007, the State organized the Group for Investigation of Environmental
Activists’ Deaths (“Grupo de Investigación para la Muertes de los Ambientalistas”) -reporting
to the Secretary of State, Security Office- which is exclusively in charge of the investigation
of cases involving the death of environmental activists’ deaths.83 That notwithstanding, the
78
Cf. expert opinion issued by Clarisa Vega-Molina before the Inter-American Court, supra note 54;
Environment and Human Rights Center (Centro de Derechos Humanos y Ambiente - CEDHA), El Costo Humano de
Defender el Planeta. Violaciones de Derechos Humanos a Defensores Ambientalistas en las Américas, Report 20022003 (record of appendixes to the brief of requests and arguments, appendix D, folios 1461 and 1505); Amnesty
International, Honduras: Asesinatos de activistas medioambientalistas en el Departamento de Olancho. February
2007, table of contents: AI 37/001/2007 (record of appendixes to the brief of requests and arguments, appendix
K, folios 1649 to 1653); Amnesty International. Persecución y resistencia. La experiencia de defensores y
defensoras de derechos humanos en Guatemala y Honduras. August 2007, índice AI: AMR 02/001/2007 (record of
appendixes to the brief of requests and arguments, appendix J, folio 1637); note of May 22, 2008, signed by the
Coordinator of the Attorney General’s Office of Juticalpa, Olancho (record of appendixes to the answer to the
application, appendix 11, folio 2561-2570); copy of official letter No. FEDH-575-2009 of July 2, 2008, signed by the
Coordinating Prosecutor of the Human Rights Prosecutor’s Office of the Attorney General’s Office (record of
appendixes to the answer to the application, appendix 10, folio 2556-2559). In its answer to the application, the
State indicated that as regards the threats against José Andrés Tamayo, Víctor Manuel Ochoa, René Wilfredo
Gradiz, Elvín Noe Lanza, Macario Alfonso Zelaya, Pedro Amado Acosta, Heraldo Zúñiga, and Santos Efraín Paguada:
the 10 people accused of these threats and the victims signed a Forgiveness Memorandum and Ordered the final
dismissal of the accusations. Furthermore, dismissal was ordered also in the case against a person accused of
forgery of public documents, fraud, damage, extortion, theft, and evasion to the detriment of companies related to
the environment.
79
As a result of these events, a person was convicted to 17 years' imprisonment and there is also a warrant
of arrest against the person who escaped justice. Cf. official letter No. FEDH-575-2009 of July 2, 2008, supra note
78, and copy of the judgment rendered by the Court of First Instance in and for Tocoa, Colón, of October 16, 2002
(record of appendixes to the answer to the application, appendix 16, folios 2638-2645).
80
Three individuals were convicted for these events, and warrants of arrest are pending execution against
two individuals for the crime of murder. Cf. official letter No. FEDH-575-2009 of July 2, 2008, supra note 78, and
copy of the judgment rendered by the Court of First Instance in and for Catacamas, Olancho, of December 11,
2002, and record signed by the Court Clerk of June 26, 2008 (record of appendixes to the answer to the
application, appendix 15, folios 2627-2636).
81
Four people were found guilty for the events. Cf. expert opinion issued by Clarisa Vega-Molina before the
inter-American Court, supra note 54, and Amnesty International, Honduras: Asesinatos de activistas
medioambientalistas en el Departamento de Olancho. February 2007, table of contents: AI 37/001/2007 (record of
appendixes to the brief of requests and argument, appendix K, folios 1649 to 1653). Cf Amnesty International.
Persecución y resistencia. La experiencia de defensores y defensoras de derechos humanos en Guatemala y
Honduras. August 2007, índice AI: AMR 02/001/2007, supra note 78. Cf. official letter No. FEDH-575-2009 of July
2, 2008, supra note 78.
82
Cf. expert opinion issued by Clarisa Vega-Molina before the Inter-American Court, supra note 54.
83
Cf. official letter No. SEDS-SG-1083-2007, whereby it reported the organization of this group through
Agreement No. 0989-2007 of the Secretary of State at the Security Office (record of appendixes to the answer to
the application, appendix 9, folios 2550 to 2551).