19
danger of death" and that, therefore "some individuals may agree to give testimony [...]
only if the record of the case is moved to another city or if such testimony is taken at a
court in a city other than Tela”.55 It also mentions that, “to judicially process any new
elements related to the death of Mrs. Kawas, a prosecutor from the Attorney General’s
Office not commissioned to Tela should be designated”.56
61.
As a result of the request made by the Supreme Court of Justice of Honduras, on
November 18, 2003, the Advisory and Training Department of the Attorney General’s Office
issued a “Technical Legal Report” on the case, whereby it stated that the testimonies
received reflect that the death of Mrs. Kawas was associated with her work as
environmental activist in the PROLANSATE foundation.57 Furthermore, the report highlighted
the alleged participation of State agents in these events.58
62.
In such report, the Attorney General’s Office suggested, among other things, to
practice the following judicial procedures: 1) extension of the testimonies relevant for the
clarification of the events; 2) request for a warrant of arrest against Police Sergeant Ismael
Perdomo for the crime of coercion, and 3) extension of the accusation against such sergeant
for the crime of concealment. Furthermore, the Attorney General’s Office recommended the
practice, among other things, of the following investigation procedures: 1) organizing a
special investigation team to sort out and gather all evidence necessary to clarify the crime,
and 2) designing a strategy for protecting witnesses.59
63.
In view of the recommendations contained in the “Technical Legal Report”, the
prosecutor who “appeared” in the case received new testimonies,60 including the January
55
Cf. report of November 27, 2006, addressed to the General Director Criminal Investigations, supra note
53.
56
Cf. report of November 27, 2006, addressed to the General Director Criminal Investigations, supra note
53.
57
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31. See also the internal record on
the following statements: statement rendered on February 21, 1995, before the Criminal Magistrate’s Court in and
for Tela by Elías Álvarez, Secretary of Projects of Unión Nacional Campesina (National Rural Union) who stated that
“her death probably resulted from her work”, supra note 41; statement rendered on February 21, 1995, before the
Criminal Magistrate’s Court in and for Tela by Ismael Edgardo Lozano from Corporación Hondureña de Desarrollo
Forestal (Honduras Forestry Development Corporation - CODEFORH), who indicated that, even though the alleged
victim did not claim to have been threatened, he is “aware that the activity for protection of natural resources is
highly risky, due to the nature of the activity itself, and that he thinks that “the death of Mrs. Kawas was the result
of the activity she carried out as environmentalist and her capacity as activist for the protection of the ecosystem,”
supra note 31; statement rendered on February 14, 1995, before the Criminal Magistrate’s Court in and for Tela by
Dinora Paz Hernández, who stated that when working with the alleged victim “she received disgusting calls, [...] to
take care of herself, that old woman […],” supra note 41; and statement rendered on March 1, 1995, before the
Criminal Magistrate’s Court in and for Tela by Juan Alberto Hernández-Sánchez who stated that he remembers that
in a given occasion Mrs. Kawas and that companies and individuals having economic interests in the protected
areas could be involved in the murder, supra note 41.
58
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31.
59
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31.
60
Cf. request from prosecutor Luis Javier Santos-Cruz of December 9, 2003 (record of appendixes to the
answer to the application, appendix 8, folios 2299 and 2300), witness statement rendered on February 2, 2004, by
Juan Mejía-Gómez before the Criminal Magistrate’s Court in and for Tela (record of appendixes to the answer to the
application, appendix 8, folios 2329 and 2330), witness statement rendered on February 2, 2004 by Sabas Gomez
before the Criminal Magistrate’s Court in and for Tela (record of appendixes to the answer to the application,
appendix 8, folios 2331 and 2332), and witness statement rendered on February 2, 2004 by Isdenia Enid RamírezDíaz before the Criminal Magistrate’s Court in and for Tela (record of appendixes to the answer to the application,
appendix 8, folios 2333 and 2334).