VI
RIGHT TO LIFE AND POLITICAL RIGHTS
A.
Arguments of the parties and the Commission
110. The Commission pointed out that the States have a positive obligation to adopt
specific measures to protect an individual whose life is in danger due to criminal acts by
private persons, provided that the State is aware of or has knowledge of this danger. In this
regard, the Commission indicated that the State of Honduras was aware, at the time of
events of this case, of a pattern of violations and impunity against the defenders of the
environment. Consequently, the position held by Carlos Luna López as an environmentalist
and City Councilman, placed him in a situation of particular risk that meant the State had an
increased responsibility to protect him. In addition, the State knew of the specific death
threats received by Carlos Luna López because he had publically complained and had
informed the Public Prosecutor and the Catacamas Municipality about them. Despite being
aware of the situation, the State did not adopt any specific measure to counter the death
threats received by Mr. Luna López. Specifically, the Public Prosecutor conducted a
conciliation meeting without consulting Mr. Carlos Luna López on the choice of this
alternative measure or the reasons for selecting conciliation as a sufficient and effective
measure of protection for addressing the death threat. The Commission noted that
conciliation was not an appropriate response given the threats made; on the contrary, no
record or complaint was issued, no allegations were investigated and no monitoring took
place, all in breach of the State’s responsibility for prevention, thus making it internationally
responsible for the violation of the right to life to the detriment of Carlos Luna López.
111. Regarding the presumed violation of Article 23 of the American Convention, the
Commission argued that the States have the obligation to “undertake positive actions that
result in the elimination of hostile or dangerous environments for the protection of human
rights.” Given that Carlos Luna López was defending human rights from the public position
to which he had been elected, the Commission considered that this case has specific
features, entailing the analysis of the right to participate in government in relation to the
work of defending and promoting human rights. Given that the threats and subsequent
murder of Mr. Luna López occurred in response to his work in defense of human rights
through his public position, the Commission emphasized the negative impact this would
have on other human rights defenders because of the fear it caused. This could directly
impair their possibilities of exercising their right to defend human rights through legal
complaints. For this reason, the threats and the murder violated Carlos Luna López’s right
to participate in government because they sought to prevent him from performing the job
from June 21, 2000; Omar Menjívar Rosales from April 17, 2001; Pedro Rodríguez from June 6, 2003; José Cruz Mejía
from January 21, 2004; Karen Alicia Montiño from June 22, 2006; Adalgicia Silvana Chinchilla Suazo from March 28,
2007, and José Ismael Ordóñez Reyes from June 23, 2008 (File of attachments to the State’s response, pages 6576,
5220, 5392, 7123, 7174, 8209, 8260, 6000, 6056 and 6141, respectively).
208
Namely: Carlos Castillo Sermeno from the start of the investigations; Iveth Merary López Gonzales from July
15, 1998; Jaime Vásquez del Arca from August 17, 1998; Mario Amaya Oliva from September 24, 1998; Isis Linares
Mendoza from January 28, 2000; José Hildebrán Pérez from November 30, 2001; Julio Adán Posada Villalta from April
20, 2002; Enma Daniela Turcios Castellanos from June 13, 2002; Hilda Rosario Lobo Díaz from September 24, 2002;
Antonio José García Molina from June 23, 2004; Lidia Marlene Martínez Amador from September 24, 2004; Luis
Antonio Lobo Vásquez from January 12, 2006; Josefa Dolores Navarro Hernández from April 28, 2008, and Alfredo
Yobani Moradel Ramos from August 11, 2008 (File of attachments to the State’s response, pages 6573, 6651, 6680,
6744 and 6745, 7021, 5767 and 5768, 7241, 5824, 5868, 5962, 5972, 5990, 6111 and 6152, respectively).
34
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