Statement from Berta's daughters, son and COPINH
Tegucigalpa, March 17th, 2016. 15 days after the
assassination of Berta Cáceres Flores, the Honduran authorities have yet to
hear the voices of those of us who demand justice via an independent and
impartial investigation.
This past March 6th,
the Inter-American Human Rights Commission (IACHR) issued protective measures
to safeguard our lives and well-being as Berta’s family members and members of
the Civil Council of Popular and Indigenous Organizations of Honduras (COPINH),
and also to guarantee us the right to defend human rights free from threats to
our safety. At the same time, the IACHR asked for an effective investigation of
the assassination of our leader, the defender of the Lenca people, the common
good and our natural resources.
In search of consensus
to implement the protective measures issued by the IACHR, we, Berta’s daughters
and son, COPINH and our legal representatives, have participated in meetings
with the Secretary of Public Safety, senior leadership of the National Civil
Police and the secretary and subsecretaries of Human Rights, Justice,
Government and Decentralization. We have presented written, concrete demands regarding
the investigation of the assassination, our physical protection and the necessary
measures to stop the ongoing violence
against the Lenca people. Thus far we have not received any formal response
from the authorities regarding our proposals.
Likewise, we asked for
meetings with the President of the Republic, Juan Orlando Hernández, and with
the Chief National Prosecutor, Oscar Fernando Chinchilla, neither of which has
even responded to us.
Regarding the investigative
process, we appeal to the Honduran government to request technical assistance
from the IACHR, forming a group of people with
experience and a recognized history of criminal investigation to provide
technical support for internal investigations and be empowered to actively
participate in all due dilligence, as well as suggest corrections and issue
condemnations, among other functions. This, we believe, would guarantee a
transparent, independent and impartial investigation that upholds the right to
truth and justice.
On their end, the
Secretary of Foreign Relations and International Cooperation, as well as the
National Public Prosecutor, put out press releases about the counsel that will
be provided by the United Nationals High Commissioner for Human Rights (UNHCR) through
its representatives in Honduras. According to the Public Prosecutor, under the
framework of said support, they would be asking for that body to “certify the
transparency and strict adherence” of the prosecutor’s office to its
constitutional and legal mandate during the investigative process. They also
ask for its “accompaniment to confirm the objectivity and impartiality of the
entire investigative process.”
In light of these
public statements by the authorities, this past March 16th Berta’s daughters
and COPINH representatives participated in a meeting with Ms. Silvia Lavagnoli,
representative of the United Nations High Commissioner for Human Rights (UNHCR)
in Honduras and Mr. Félix Gómez, functionary of that same international body,
in order to learn about the extent of their participation in the
investigations. They expressed that their
mandate does not include carrying out a criminal investigation and that
they do not have the experience to do so and will not directly participate in
the process. They clarified that they will be observing from a human rights
perspective and from that lens will formulate recommendations to the State.
It is troubling that
the Honduran government, nonetheless, seeks to confuse the national and international community about the nature
of the UNHCR’s participation in this case. It is clear that this international
body is not competent to participate actively in an independent and impartial
investigation of Berta’s assassination but the State insists on diverting
attention in order to avoid the arrival of an international presence that could
in fact carry out that objective.
We also are aware that
the participation of authorities linked to the U.S. government (the FBI) will
be limited and, beyond that, we do not consider this a substitute for our
demands of independence and impartiality.
The Honduran
authorities are not listening to our demands for justice. Because of this, we denounce a lack of political will to
guarantee an investigation that is
transparent, independent and consistent with the highest of international
standards. It is evident
that the official discourse is detached from reality. Every day that passes we watch with pain
and impotence as justice continues to lose the battle against impunity due to
the State’s apathy.
We publiclly declare
our lack of trust in the work being done by the Attorney General and we hold
the authorities responsible for impeding our right to participate in the
investigative process.
Finally, we reiterate
our demand for #JusticeForBerta through
the participation of a group of independent, experienced, international
experts.
Olivia, Bertha, Laura and Salvador Zúniga Cáceres
Civil Council of Popular and Indigenous Organizations
of Honduras (COPINH)
With the accomaniment and legal representation of the Movimiento
Amplio por la Dignidad y la Justicia and the Center for Justice and
International Law (CEJIL)
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