海角大神

In trial for eco-activist's murder, push for a full picture of justice

The long-awaited criminal trial for the murder of environmental activist Berta C谩ceres sputtered to a halt before it could begin this week, underscoring the prevalence of violence against environmental defenders and widespread impunity across Latin America.

Her trial 鈥� set to take place more than two-and-a-half years after her death, and amid accusations of Honduran officials withholding evidence 鈥� stands out for its mere existence. Here in one of the world鈥檚 most dangerous places for environmental defenders, their murders rarely result in anyone being held accountable, observers say.

But the hearings were thrown off course by a series of appeals filed by the victim鈥檚 family鈥檚 lawyers, who say the three judges overseeing the case should be replaced. The appeals could delay the case for days 鈥� or possibly months 鈥� but C谩ceres鈥� family say it is the only way to聽 for the victim and her accused killers. Given how high-profile the case is, the government is under pressure to hold a trial. But rather than go through the motions of accountability, supporters say they want to see justice carried out to the letter of the law.

Ms. C谩ceres was one of the most well-known activists in the region, receiving the prestigious Goldman Prize in 2015 after speaking out for decades about indigenous and women鈥檚 rights, in addition to the environment. She and the Civic Council of Indigenous and Popular Organizations of Honduras (COPINH) protested the internationally financed Agua Zarca hydrodam. After years of intimidation, detentions, and聽 who opposed the 21-megawat dam, C谩ceres had long predicted she would be murdered.

Colleagues in COPINH and her family say they want to ensure her death isn鈥檛 just one more on the long tally sheet of environmental activist murders, which worldwide in 2016 alone. That means not only continuing to fight for the protection of land from lucrative megaprojects and extractive industries, but pushing to set an example of justice for activists under threat around the world.

Berta鈥檚 murder 鈥渋s a message [from the government] for all other defenders of life, the environment, diversity, youth, and women to make them afraid,鈥� says Rodil V谩squez, one of the lawyers representing C谩ceres鈥� mother and four children. 鈥淲e are trying to create a precedent鈥� of demanding justice.

Those who coordinated and carried out the assassination 鈥減robably imagined that two days or two weeks [after her murder] the scandal would stop. They didn鈥檛 imagine this strong network, two years later, still insisting on justice for Berta C谩ceres,鈥� says Laura Z煤帽iga C谩ceres, the slain activist鈥檚 youngest daughter.

'Effective impunity'

This week, Honduras鈥� supreme court indefinitely suspended the trial of eight men accused of murdering C谩ceres on the night of March 2, 2016, in her home in the mountain town of La Esperanza.聽Despite efforts by her family鈥檚 legal team, the case was to be limited to events taking place the day of the murder, excluding evidence that could show how the assassination was planned out, who conceived the idea, or who hired hitmen, not just those who allegedly pulled the trigger.

A 2017聽 by a panel of independent lawyers with experience in human rights law and prosecuting war crimes found that the company behind the dam was linked to C谩ceres鈥� murder, and that the district attorney鈥檚 office had enough evidence to arrest company executives, but had failed to do so.

Honduras is for environmental activists, according to the London-based nongovernmental organization Global Witness. At least 120 have been killed since 2010.

Demand for natural resources has gone up over the past decade, which makes defending the environment even riskier, says John Knox, who served as the United Nations鈥� first special rapporteur on human rights and the environment for six years, until stepping down in July.

鈥淭here are three overarching factors鈥� that put environmental activists at risk globally, Mr. Knox says. There鈥檚 more competition for natural resources; communities in remote areas where those resources are found are often already marginalized, without power in business or government; and, perhaps most importantly, there鈥檚 often an absence of the rule of law.

鈥淲hen you have effective impunity, like the absence of prosecution or other kinds of consequences for harassing or killing environmental defenders 鈥� that鈥檚 when you see these incredibly large numbers of cases,鈥� he says.

The Agua Zarca dam project that C谩ceres organized against was to be built along the Gualcarque River. The surrounding indigenous Lenca communities, who consider the river sacred, feared the effects on their land. The project was licensed without prior consultation of the communities, which is required under Honduran law. The message of C谩ceres鈥檚 movement gained traction 鈥� so much that lenders pulled out of the project. In 2013, the president of the country鈥檚 private business council said C谩ceres鈥� efforts were聽鈥�making Honduras look bad鈥� on the international stage.

Cementing a legacy

Ms. Z煤帽iga C谩ceres sways back and forth in her chair after a long day of pre-trial meetings.

We鈥檝e pursued this case 鈥渘ot just for Honduras, but the entire region,鈥� she says. 鈥淚f there鈥檚 impunity [in my mother鈥檚 case], that means there will be more violence. It will be a message that they can touch whomever they want and nothing will happen.

鈥淲e are fighting to guarantee that this won鈥檛 happen again."

From the beginning, C谩ceres鈥� family and COPINH colleagues campaigned for an independent investigation into her killing carried out by the Inter-American Commission on Human Rights, but the Honduran government rejected the proposal. As the court date neared, key witnesses and evidence in support of the family鈥檚 case were repeatedly rejected.

They have asked for the three judges hearing the case to recuse themselves and for the trial to take place in a venue that can guarantee the impartiality of justice promised under Honduran law.

鈥淭his case is unique in that it is actually both unique and representative,鈥� says Roxanna Altholz, a University of California, Berkeley law professor and member of the independent panel that published the 2017 report on C谩ceres鈥� death.聽

It鈥檚 very common to be killed for environmental activism, especially in Latin America. But she says it鈥檚 unusual for a legal team to have access to evidence like cell phone records, which have been available in this investigation due to a Honduran constitutional law. That data helped paint a picture of the long-term planning involved in C谩ceres鈥� murder, according to the independent report 鈥� including an aborted murder attempt weeks prior to her death.聽

The court ruled most of that evidence inadmissible in the trial, another aspect the family鈥檚 legal team is fighting.

鈥淚 didn鈥檛 have the opportunity to meet Berta C谩ceres, but one reason I joined the team is I felt if she could be murdered with impunity then anyone doing this kind of human rights work is vulnerable,鈥� says Dr. Altholz. 鈥淚t鈥檚 amazing, these individuals [accused of her murder] were having conversations via WhatsApp about what they were doing.

鈥淭hat signals a certainty that they were never going to be held accountable.鈥�