to the petition within two months time. The State replied on August 29,
2003, within the 30 day extension granted by the Commission for this
purpose. The pertinent sections of the response were transmitted to the
petitioners on September 11, 2003, and on November 25, 2003 the
petitioners filed their comments regarding the State’s response. On
March 17, 2004, the State presented additional information, which was
transmitted to the petitioners. The petitioners presented their
observations on April 26. Subsequently, each party presented further
additional information that was transmitted to the other, respectively, in
a timely fashion.
III.
A.
POSITIONS OF THE PARTIES
The petitioners
6.
The petitioners assert that on October 18, 1997, at approximately
6:30 p.m., when Mr. Carlos Escaleras Mejía was returning to his
business from a political meeting of his party, two men came out of the
shadows and shot him twice in the back. They state that Mr. Escaleras
was taken to the CEMECO clinic, where care could not be provided for
him. He then was taken to a hospital in La Ceiba where he underwent
surgery. He did not survive the operation, however, dying during the
early morning hours.
7.
The petitioners allege that Mr. Escaleras was one of the most
recognized leaders of the Aguán Valley. He was a leader of several
organizations, such as the Comité para la Defensa de los Derechos
Humanos en Honduras (CODEH) [Committee for the Defense of Human
Rights in Honduras], the Frente Común de Patronatos [Common Front of
Local Citizen Organizations] and the Coordinadora de Organizaciones
Populares (COPA) [Coordinating Committee of Peoples’ Organizations],
the latter being where his work had the greatest impact. Through this
organization he became involved with other community and
environmental organizations. These movements enjoyed a high degree
of credibility because of their strong activism in defense of human
rights. One of the important facets of his struggle was to denounce and
oppose the activities of companies that harmed the environment and the
valley’s ecosystem with their dumping of toxic substances into
rivers. According to depositions on judicial record, as a consequence of
his actions, he was pressured and threatened with bodily harm and with
death, threats that ended with his murder.1 According to these
1 Judicial proceedings, DGIC investigation, page 161, section 3. The petitioners
state that “the complaint against the African palm oil extracting plant caused
2
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