124. Based on the foregoing, the Court will consider whether in this case the requirements
were met to determine that the State had a positive obligation to prevent human rights
violations. Thus, it is necessary to confirm whether, at the time of the events, a situation of
real or imminent danger existed for the life of a specific individual or a group of individuals,
whether the authorities were aware or should have been aware of this, and whether
necessary measures were adopted within the scope of their authority which could be
reasonably expected to prevent or avoid such danger.224
125. As to the existence of a real and imminent danger, the Court notes that on February
26, 1998, Carlos Luna López was threatened with a weapon pointed to his head and a shot
fired into the air by José Ángel Rosa, because of his complaints regarding problems with the
extraction of timber. In relation to the State’s awareness of this danger, the Court must
analyze the State’s presumed responsibility for preventing human rights violations in light of
the complaints made to public institutions or officials, in order to verify whether or not the
State had prior knowledge of the alleged specific risk to the life or personal integrity of Mr.
Luna López. In this regard, it has been proven that the death threat made on February 26,
1998 was reported by Mr. Luna López to the Public Prosecutor on the same night he
received it (supra para. 28).225 In addition, as a City Councilman and Head of the
Catacamas Environmental Unit, on February 28, 1998, he reported presumed acts of
corruption, illegal logging in the forest by the firms “PROFOFI,” “IMARA” and “La Fosforera,”
as well as the use of “phantom cooperatives,” known as the “Quebrada de Catacamas,” to
exploit the forests in the municipality, to the Public Prosecutor and to the media.226 Soon
after, on March 6, 1998, Mr. Luna López reported the theft of timber in the municipality to
the Catacamas Civil Court.227 In relation to the foregoing, on March 7, 1998, the Honduran
press published a statement by Mr. Luna López, in which he referred to the same death
threats made to him by José Ángel Rosa because of his complaint involving Mr. Rosa’s
business.
126. Additionally, during the investigation into the murder of Mr. Luna López, it was
established that he notified the Mayor of Catacamas as well as members of the Catacamas
City Council about the death threats he had received. Specifically, Mr. Luna López addressed
the City Council and “stated to all […] that he had had problems with [José Ángel] Rosa,” 228
who had threatened him by firing shots into the air due to alleged problems because of his
complaints about illegal felling of trees. In relation to this, the Court declares that it is
expression to themselves, according to the national legislation and in agreement with internationally recognized
principles and standards.”
224
Cf. Case of the Pueblo Bello Massacre, supra, para. 123 and Case of Castillo González et al., supra, para.
128.
225
Moreover, the representatives alleged that on April 4, 1998, José Ángel Rosa telephoned the home of Mr.
Luna López and told him he had the money, the weapons and the people to kill him and his family. That same day,
Mr. Luna López would have called the Public Prosecutor to file a complaint for this second threat (supra para. 30).
The Court points out there is no credible evidence in the file to corroborate the testimony of Carlos Luna López’s
family, who claim that Mr. Luna López had filed a complaint for the second death threat made against him (Merits
file, pages 564 and 579; File of attachments to the State’s response, pages 5049, 5078, 5091 and 5096).
226
Cf. Report filed by Carlos Antonio Luna López before the Public Prosecutor on February 28, 1998 (File of
attachments to the Report on Merits, pages 494 and 495); press release published in the newspaper El Heraldo on
March 7, 1998, supra; interview with Carlos Luna on the radio program Estamos a Tiempo, supra; interview on the
program Sucesos de la Voz de Olancho, on April 17, 1998, supra; witness statement made before a notary public by
Rosa Margarita Valle Hernández on January 21, 2013 (Merits file, page 563); by Carlos Antonio Luna Valle on January
21, 2013 (Merits file, page 578) and statement of Inés Verónica Mejía Herrera rendered on July 16, 1998 (File of
attachments to the State’s response, page 5029).
227
Cf. Press release published in the newspaper El Heraldo on March 7, 1998, supra.
228
Statement of Alejandro Fredy Salgado rendered on February 17, 2000 (Merits file, page 5311).
39
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