Justice in the case of Berta Cáceres continues to be denied by the Honduran Supreme Court of Justice, which has failed to confirm the convictions of the eight individuals responsible for her murder. The Court’s unnecessary delay in taking up the case perpetuates the cycle of impunity for violence against human rights defenders in Honduras and causes her family immeasurable suffering while they await a final outcome in her case.
Berta Cáceres, an Indigenous leader and Honduran social activist, was murdered on March 2, 2016, after she led opposition to the unconsulted and illegal installation of the Agua Zarca dam. The dam is a hydroelectric project of the company DESA (Desarrollos Energéticos S.A.), owned by the powerful Atala Zablah family in Honduras.
On November 29, 2018, the Tegucigalpa Sentencing Court with National Territorial Jurisdiction in Criminal Matters issued convictions for the murder of Berta Cáceres and the attempted murder of Gustavo Castro against the following people: Douglas Bustillo (former military, head of security of DESA), Mariano Díaz (army major), Henry Hernández (former military, hitman), Sergio Rodríguez (Environmental and Social Manager of DESA), Elvin Rápalo (hitman), Óscar Torres (hitman) and Edilson Duarte (hitman). They were each sentenced to between 30 and 50 years of imprisonment on December 2, 2019. On July 5, 2021, the Court also issued a conviction against David Castillo (general manager of DESA, former military officer) for her murder as co-author of the crime. Nearly a year later, on June 20, 2022, the Court sentenced him to 22 years and 6 months imprisonment. Those convicted in both cases filed appeals against the sentences, but to date, the Supreme Court of Justice has not issued a resolution on either case.
The judicial proceedings in the case of Berta Cáceres set an important precedent in Honduras for ending impunity, as this is the first time that members of a powerful business have been tried and punished for crimes against Indigenous communities and organizations in the context of the defense of territory. It is essential that the Supreme Court issue a resolution and confirm the sentences of the eight people already convicted of this crime to continue the fight against impunity in Honduras. The undersigned organizations call on the Honduran judicial authorities to issue resolutions to confirm the sentences of the above perpetrators and ensure justice for the murder of Berta Cáceres.
Latin America Working Group (LAWG)
Washington Office on Latin America (WOLA)
Robert F. Kennedy Human Rights (RFKHR)
Due Process Of Law Foundation (DPLF)
Center for Justice and International Law (CEJIL)
