The International Human Rights Clinic at University of Virginia School of Law reported that the Supreme Court of Honduras had overturned the convictions of six environmental activists who were causing outrage in the international community.
Eight environmental activists from Guapinol were detained after setting up a camp in protest of an iron ore mine in Carlos Escaleras National Park. The camp threatened the village’s water supply. Although the mining company and its security forces instigated violence against protesters, prosecutors charged the protesters with a range of crimes, including alleged acts violence.
Professor Camilo Sanchez, the clinic director, stated that the innocent defendants were held in pretrial detention for more than two years, while the prosecutor did not have any evidence of their guilt for the crimes they were accused of.
The clinic published a report in September 2020 that detailed the facts and provided a legal analysis. It also included a history of violence against Honduran human rights defenders and details of harassment. According to Snchez this was the first international report on the case at that time. It also brought the issue to the attention international governments and organizations.
In a letter to the U.S. State Department, members of Congress cited the clinics’ report and asked them to press Honduras to respect human rights and defend defenders. The clinics report was confirmed by Amnesty International and the United Nations.
The Honduran Supreme Court Constitutional Chamber unanimously sided in favor of the defendants and tossed their case on February 10, the day after six protesters had been convicted. Two of the protesters were acquitted.
Snchez stated that the court had jurisdiction over serious crimes and was trying to try the defenders. The court found that defendants were denied a fair hearing by an impartial, competent, and independent tribunal. To remedy these procedural violations, the case must be reopened at the beginning of proceedings.
The clinic has partnered for the past three year with the American Bar Association Center for Human Rights, in particular the section that is responsible for trial monitoring. The clinic, for example, was referred by another ABA member and produced research aimed at protecting gay men in Nigeria from persecution.
Snchez said that the Guapinol community asked the ABA to monitor the trial. They asked us to monitor the proceedings due to the importance of addressing a pervasive pattern in harassment of human rights advocates in Honduras.
The clinic is a year-long experience for students. They work in partnership with nongovernmental organizations, lawyers, and human rights practitioners in the United States and internationally.
Kathryn Neuhardt and Katherine Krudys drafted an amicus short on behalf of Guapinol. Kathryn Krudys said that clinic students helped to draw attention to the case via updates, letters to legislators and amicus briefs. They also collaborated with international and local advocates and lawyers. She said that she was grateful to Snchez for giving her a wider view of human rights work.
I saw how many human right organizations got involved during the process, so for the community of human rights, this victory is a recognition and appreciation of all that cooperation, said Krudys, a graduate of White & Case in Washington, D.C. Although the victory came as a surprise to many, those involved in the case tried every avenue possible to reach this point.
Monique Alavi and Matt Walchuck, law students, drafted two amicus letters for the Honduran Supreme Court. The first brief argued against the prosecution’s use of legal arguments to keep the defenders detained. This violated their rights to certain international judicial guarantees. The second brief dealt with deprivation, as the group was arbitrarily taken into custody according to internationally recognized guidelines.
Walchuck said that the experience of drafting work product was invaluable. He also explained how Walchuck managed to balance the interests of international organizations with the unique circumstances of each case.
Walchuck, who will be working at Linklaters in New York following graduation, stated that he hopes the win signals accountability and social justice are more influential in how governments govern and how corporations do business.
He said that it was great to win after three semesters of participating in clinics. It’s even more rewarding to have played an important role in the liberation and preservation of the environment for their community.
