15
Tela to express opposition to the initiative of the State related to the granting of legal title
certificates to lands within Punta Sal National Park.32
Deprivation of life to Mrs. Blanca Jeannette Kawas-Fernández
53.
The facts described by the Commission and the representatives, as accepted by the
State and proven in the instant case, reflect that on February 6, 1995, at approximately
7:45 p.m., Mrs. Blanca Jeannette Kawas-Fernández died instantly after receiving “a 9 mm.
gunshot in the back of her neck with an exit orifice in the left cheekbone”, while she was
working with her assistant, Trinidad Marcial Bueno-Romero, at her place, located in El Centro
neighborhood in the city of Tela, Honduras.33 Some witnesses declared they had seen two
young men holding arms, traveling in a white pick-up van, burst in the nearby of the
residence of Mrs. Kawas-Fernández, and later heard two gunshots.34
54.
Soon after that, a squad of the Public Security Forces (hereinafter, the “FUSEP”)
appeared at the place of the events and removed the body.35 The authorities, under the
direction of police sergeant Ismael Perdomo, did not implement any measures aimed at
arresting the potential perpetrators and no police detention was made effective.36
Investigation of the events
55.
On February 7, 1995, the Criminal Magistrate’s Court (Juzgado de Paz de lo Criminal)
of the city of Tela initiated the investigations for the alleged commission of the crime of
“consummated murder” to the detriment of Mrs. Kawas-Fernández.37 As instructed by the
32
Cf. statement rendered by Trinidad Marcial Bueno before a notary public (affidavit), supra note 25, and
communication of February 28, 1996 from the executive director and coordinator of the “Vida y Naturaleza” (Life
and Nature) radio show, broadcast on Radio América, sponsored by the Asociación Hondureña de Periodistas
Ambientalistas y Agro Forestales (A.H.P.A.A.F.) (Honduran Association of Environmental and Agroforestry
Journalists) (record of appendixes to the application, appendix 3, folios 723 and 724).
33
Cf. statement of Trinidad Marcial Bueno of February 9, 1995 (record of appendixes to the answer to the
application, appendix 8, folio 2110); procedure for removal of the body performed on February 7, 1995 (record of
appendixes to the answer to the application, appendix 8, folio 2106), and report of expert witness Alfredo GirónMontoya, MD, before the Criminal Magistrates’ Court in and for Tela of February 9, 1995 (record of appendixes to
the application, appendix 16, folio 368). Pursuant to the statement rendered by the medical expert attached to the
judicial record, “the cause of death was probably a spinal cord section with skull base fracture and hypovolemy as a
result of bleeding”.
34
Cf. statement by Dencen Alex Andino of February 9, 1995 (record of appendixes to the answer to the
application, appendix 8, folio 2113), and statement of Xiomara Camsbell Andino of February 10, 1995 (record of
appendixes to the answer to the application, appendix 8, folio 2114-2115).
35
Cf. procedure for removal of the body carried out on February 7, 1995, supra note 33; statement of Carlos
Antonio Quintana rendered on February 10, 1995, before the Criminal Magistrate’s Court in and for Tela (record of
appendixes to the answer to the application, appendix 8, folio 2127); statement of Roberto Bendeck rendered on
February 14, 1995, before the Criminal Magistrate’s Court in and for Tela (record of appendixes to the answer to
the application, appendix 8, folio 2129); statement of Dagoberto Alcides Varela rendered on February 9, 1995,
before the Criminal Magistrate’s Court in and for Tela (record of appendixes to the answer to the application,
appendix 8, folio 2123), and statement of Jacobo Kawas-Fernández rendered before the Inter-American Court,
supra note 25.
36
Cf. Technical Legal Report No. DCAT-SATJ- AFS 022/2003, supra note 31.
37
Cf. Order to commence investigation proceedings passed by the Criminal Magistrate’s Court in and for Tela
on February 7, 1995 (record of appendixes to the answer to the application, appendix 8, folio 2096).