21
grounds that “the order for imprisonment imposed upon Mr. […] was appealed by the
defense”.70
66.
On October 9, 2006, two years after the admission, the Court of Appeals of La Ceiba
ruled on the appeal and decided that the order for detention issued “had defects that called
for annulment”, since “the appropriate request from the prosecutor was not obtained”, in
accordance with legislation on criminal procedures in force.71 In view of the decision, on
November 23, 2006, the Court of First Instance in and for Tela ordered the Attorney
General’s Office to carry out an analysis of the conduct of the defendant Police sergeant in
order to file the related request from the prosecutor. That notwithstanding, no prosecutor
had been assigned to the case at that time72 and the warrant of arrest was not requested
again.
67.
In 2007 and 2008, the Court of First Instance in and for Tela requested that certain
evidentiary procedures be carried out,73 including: search for Juan Francisco López-Mejía in
official records,74 inspection of the alleged victim’s workplace premises, PROLANSATE
foundation and the offices of the National Preventive Police of La Ceiba,75 interviews in the
cities of Tela, La Ceiba, El Progreso, and San Pedro Sula.76 Such procedures showed that
Juan Francisco Mejía-López, who had been coerced to incriminate himself for the events of
the instant case (supra paras. 57), died violently in 2008.77
68.
To date, the criminal proceeding initiated for the death of Mrs. Blanca Jeannette
Kawas-Fernández is still at preliminary stage. The perpetrators of the murder have not been
identified; and no criminal complaint has been filed against any individual. There is no
evidence either that during these years domestic measures have been implemented to
protect witnesses, other than those ordered by this Court in the context of the provisional
measures adopted for the benefit of Mr. Dencen Andino-Alvarado on November 29, 2008
(supra paras. 15 and 16).
Threats and executions of environmental activists in Honduras
70
Cf. Order of March 25, 2004, on the appeal filed on March 18, 2004, Court of First Instance in and for
Tela, Atlántida (record of appendixes to the answer to the application, appendix 8, folio 2418).
71
Cf. Order of the Court of Appeals of La Ceiba, Atlántida, of October 9, 2006 (record of appendixes to the
answer to the application, appendix 8, folios 2424 and 2425).
72
Cf. official letter of November 23, 2006, Court of First Instance in and for Tela, Atlántida (record of
appendixes to the answer to the application, appendix 8, folio 2427).
73
Cf. official letter of October 27, 2007, of the Court of First Instance in and for Tela, Atlántida (record of
appendixes to the answer to the application, appendix 8, folio 2488).
74
Cf. communication of the Municipal Registrar of Tela, Atlántida, of February 1, 2007 (record of appendixes
to the answer to the application, appendix 8, folios 2440 to 2468).
75
Cf. minutes of judicial inspection of September 11, 2007 (record of appendixes to the answer to the
application, appendix 8, folio 2487).
76
Cf. briefs of February 19, 2008, sent by inspector Evin Salinas, “Head of the Environmental Death
Investigations unit,” supra note 53.
77
Cf. brief of February 19, 2008, sent by inspector Evin Salinas, “Head of the Environmental Death
Investigations unit,” supra note 53.