Environment

Inter-American Court declares wide ranging incompliance with reparation measures issued in the case Environmentalists against Mexico

Continued failure to meet reparation measures of the 2010 sentence

• Highlights the absence of reforms to the Military Code of Justice

• Almost three years after the sentence, lack of dilligence in the torture investigation persists

On August 21, 2013, the Inter-American Court of Human Rights (IA Court) published its first resolution regarding the monitoring of compliance with the judgment in the case Cabrera García and Montiel Flores v. México, also known as the Environmentalists case. In the resolution, the IA Court declared that Mexico has failed to comply with several of the most significant reparation measures ordered in its sentence in November 2010, in which it was confirmed that the Mexican State had violated, amongst others, the rights to humane treatment, to personal liberty, and to judicial protection of Teodoro Cabrera and Rodolfo Montiel.

Mon, 09/23/2013

  • • Highlights the absence of reforms to the Military Code of Justice

• Almost three years after the sentence, lack of dilligence in the torture investigation persists

  • On August 21, 2013, the Inter-American Court of Human Rights (IA Court) published its first resolution regarding the monitoring of compliance with the judgment in the case Cabrera García and Montiel Flores v. México, also known as the Environmentalists case. In the resolution, the IA Court declared that Mexico has failed to comply with several of the most significant reparation measures ordered in its sentence in November 2010, in which it was confirmed that the Mexican State had violated, amongst others, the rights to humane treatment, to personal liberty, and to judicial protection of Teodoro Cabrera and Rodolfo Montiel.

As the Court asserts, the State of Mexico continues to fail to meet the essential reparation measures ordered in the sentence. Said measures aim to provide reparation for damages incurred, with a view to guaranteeing that these types of human rights violations do not reoccur.

In regards to this, the Inter-American Tribunal emphasized that the Military Code of Justice has still not been reformed to guarantee that human rights violations are investigated and tried by civil authorities. This is a reform ordered by the IA Court in four consecutive cases against Mexico.  On this occasion the Court recalled that “article 57 of the Code of Military Justice is incompatible with the American Convention” and reiterated the obligation to reform it.

On another note, almost three years have passed since the sentence was issued but the investigation and sanction of the grave abuses committed against the victims has still not been completed. As such, the IA Court indicated: “this Tribunal confirms that more than two years after the initiation of the preliminary investigation, there have been few judicial proceedings aimed at determining the alleged perpetrators responsible for the events of the present case.” In consideration of this, the Court “urges the State to carry out, within a reasonable period, the pending proceedings within the preliminary investigation.” It is important to note that there is ample documentation regarding the torture suffered by the victims in this case, and furthermore, some of those responsible for the crimes have been fully identified. As such, despite 14 years having passed since the events, all aspects for the advancement of the investigation are available.

Finally, the IA Court reiterated the State’s obligation to modify the registers of detained people to prevent violations of human rights.  The Inter-American Tribunal will continue monitoring the case until the State of Mexico has fully complied with all the reparation measures ordered in the sentence.

Considering this, the Miguel Agustín Pro Juárez Human Rights Center (Center Prodh) and the Center for Justice and International Law (CEJIL), representatives of the victims before the IA Court, demand that Mexico effectively complies with its international obligations and consequently with the totality of the measures ordered by the said Tribunal.

 

Contact information:

 

Center Prodh:

Quetzalcoatl g. Fontanot

Communication and Analysis

Tel. 5546 8217, ext. 110;

5546 6559 (director);

55 8531 2218 (mobile)
E-mail: comunicacion@centroprodh.org.mx

 

 

CEJIL:

Daniela Araya

Communications Officer

Tel. (+506) 2280-7473

daraya@cejil.org

 

 

Jeannette Kawas / Honduras

Jeannette Kawas Jeannette Kawas was a Honduran environmental activist assassinated in 1995 due to her work to stop illegal deforestation and to protect the state of the environment in the Tela bay region, on the Caribbean coast of Honduras.

Her death was the first in a series of acts of aggression, threats and executions against Honduran environmentalists.

She created and, until her death, presided over the Foundation for the Protection of Lancetilla, Punta Sal, Punta Izopo and Texiguat (PROLANSATE). From that position, she denounced the intentions of people and businesses for their involvement in illegal activity in Punta Sal, the contamination of the lagoons and the deforestation of the forests in the region.

Under her leadership, PROLANSANTE advocated to the National Congress that Punta Sal be considered a National Park, denounced the illegal exploitation of the trees and the damaging of diverse protected zones; she also opposed the business projects that threatened the environment.

Days before she was assassinated, Jeannette organized a march in the city of Tela to protest the initiative of the government to grant property deeds in the Punta Sol National Park.

In the night of February 6, 1995, two armed men approached her at her home and shot her.  No one has been arrested for the crime.

In 2003, CEJIL and the Reflection, Investigation and Communication team from the Jesus Company in Honduras (ERIC) brought the case to the Inter-American Commission on Human Rights. In April of 2009, the Inter-American Human Rights Court condemned Honduras for violating the human rights of Jeannette Kawas.

The court concluded that the assassination of Mrs. Kawas occurred in a context of aggression and threats against people that defend the environment, and was a consequence of their job to protect the environment, which was interfering with strong economic interests. The sentence determined that the crime “was facilitated by the intervention of persons that acted under the direction of state agents.”

The decision of the Court ordered that the government clear up the circumstances around the death of the environmental activist, compensate the families, implement a national campaign that recognizes the importance of the work performed by people who defend the environment, and to construct a monument in memory of her in the Punta Sol National Park.

IACHR visit to Colombia

The Inter-American Commission on Human Rights (IACHR) will carry out an in loco visit to Colombia from December 3 - 7 2012, following an invitation by the Colombian government.

This will be the first IACHR in loco visit to Colombia since 2004.


IACHR press release here.

 

Fri, 11/30/2012

 

 

The Inter-American Commission on Human Rights (IACHR) will carry out an in loco visit to Colombia between the December 3 and 7, 2012, following an invitation by the Colombian government.

 

This will be the first IACHR in loco visit to Colombia since 2004.


IACHR press release here.

 

 

 

 

 

 

International Human Rights Day

Mon, 12/10/2012 (All day)
Globally
Globally

Hearings before the Inter-American Court of Human Rights

Mon, 02/20/2012 (All day) - Fri, 03/02/2012 (All day)
Inter-American Commission of Human Rights
San Jose

CEJIL Activities Report - 20 years

Since its foundation in 1991 the Center for Justice and International Law (CEJIL) has contributed significantly to the enjoyment of rights in the region. The present report outlines some of CEJIL’s milestones, achievements, and challenges over these two decades. It attempts to illustrate some notable actions in order to document the efforts of the work of that period.


Type of publication:Activities report
Full version available in:
Year: 2011
Your opinion is very important and let us keep up to date ours tools. If you had the chance to use this publication please complete the evaluation form. Thanks in advance.

CEJIL is awarded the Thomas J.Dodd Prize in international justice and human rights

The ceremony was presided over by the Honorable Christopher J. Dodd

Washington D.C, October 3, 2011.- Today, the Center for Justice and International Law (CEJIL) was awarded the  fifth annual Thomas J. Dodd Prize in International Justice and Human Rights. The Ceremony took place at 4pm at the University of Connecticut and was presided over by UConn President Susan Herbst as well as the Honorable Christopher J. Dodd.

Mon, 10/03/2011

 

Washington D.C, October 3, 2011.- Today, the Center for Justice and International Law (CEJIL) was awarded the  fifth annual Thomas J. Dodd Prize in International Justice and Human Rights. The Ceremony took place at 4pm at the University of Connecticut and was presided over by UConn President Susan Herbst as well as the Honorable Christopher J. Dodd.

 

The Dodd Prize commemorates the distinguished career in public service of Thomas J. Dodd, who served as Executive Trial Counsel at the Nuremberg Trials, U.S. Representative from 1953 to 1957, and Connecticut Senator from 1959 to 1971.  Thomas Dodd dedicated his entire public life to fighting against infringement and suppression of human rights in the United States and abroad.

 

Upon receiving the prize, Viviana Krsticevic, Executive Director of CEJIL said: “The work of CEJIL stands on the legacy of the Nuremberg trials and the work of Thomas J. Dodd. Focusing our efforts on the Americas, a region notorious for its setbacks in human rights and the rule of law, we stand firmly in our beliefs in the dignity of all, the importance of honoring all human beings, and the need to strengthen and apply the rule of law to ensure the rights of all individuals”.

Krsticevic concluded: “On behalf of everyone at CEJIL, thank you very much for this wonderful honor. This award will encourage us to continue the fight for justice and equality. It will give us the hope necessary to create many more success stories in the Americas and reminds us of the importance of preserving the legacy and principles of Nuremberg.”

 

The award will be invested in CEJIL’s strategic litigation in the Western Hemisphere, advocacy before the Inter-American System of Human Rights and training of human rights defenders throughout the region.

 

For more information:

Milli  Legrain

Communications coordinator

mlegrain@cejil.org

202 319 3000

Jeannette Kawas / Honduras

Jeannette Kawas was a Honduran environmental activist assassinated in 1995 due to her work to stop illegal deforestation and to protect the state of the environment in the Tela bay region, on the Caribbean coast of Honduras.

The State is ordered to protect environmental activists after being found responsible for an environmentalist's death.Her death was the first in a series of acts of aggression, threats and executions against Honduran environmentalists.

She created and, until her death, presided over the Foundation for the Protection of Lancetilla, Punta Sal, Punta Izopo and Texiguat (PROLANSATE). From that position, she denounced the intentions of people and businesses for their involvement in illegal activity in Punta Sal, the contamination of the lagoons and the deforestation of the forests in the region.

Under her leadership, PROLANSANTE advocated to the National Congress that Punta Sal be considered a National Park, denounced the illegal exploitation of the trees and the damaging of diverse protected zones; she also opposed the business projects that threatened the environment.

Days before she was assassinated, Jeannette organized a march in the city of Tela to protest the initiative of the government to grant property deeds in the Punta Sol National Park.

In the night of February 6, 1995, two armed men approached her at her home and shot her.  No one has been arrested for the crime.

In 2003, CEJIL and the Reflection, Investigation and Communication team from the Jesus Company in Honduras (ERIC) brought the case to the Inter-American Commission on Human Rights. In April of 2009, the Inter-American Human Rights Court condemned Honduras for violating the human rights of Jeannette Kawas.

The court concluded that the assassination of Mrs. Kawas occurred in a context of aggression and threats against people that defend the environment, and was a consequence of their job to protect the environment, which was interfering with strong economic interests. The sentence determined that the crime “was facilitated by the intervention of persons that acted under the direction of state agents.”

The decision of the Court ordered that the government clear up the circumstances around the death of the environmental activist, compensate the families, implement a national campaign that recognizes the importance of the work performed by people who defend the environment, and to construct a monument in memory of her in the Punta Sol National Park. 

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