2018-2022 Legal challenges to criminalization of environmental defenders

Facing criminalization for protesting against the ASP1 and ASP2 mining project, the Municipal Committee for the Defence of Common and Public Goods (CMDBCP), partner organizations and defence lawyers have mobilized to challenge their baseless judicial persecution (See Legal Action entitled “2018-2022 Criminalization and detention of CMDBCP environmental rights defenders”). This involved the voluntary presentations of those accused at court to disprove charges; repeated legal complaints against the Public Prosecutor’s Office for failure to investigate abuses against protesters, abuse of power and failure to carry out legal duties; petitions for the removal of presiding judges for biased decisions in relation to charges and pretrial detention orders; habeas corpus against detention and unsafe prison conditions as well as submission of amici curiae by international human rights expert organizations on different aspects of the case to demonstrate violations of international human rights law in the criminal cases and prolonged pretrial detention of the accused activists. Below is a non-exhaustive list of legal actions taken to halt the criminalization of CMDBCP members and secure their release from custody.

• February 2019 – Voluntary presentation at National Court in La Ceiba of 13 accused to contest first arrest warrant issued in September 2018.
• February 2019 – Defence filed petition to the court for the removal of presiding judge after alleged irregular handling of second arrest warrant and decision to commit 12 activists to pretrial detention.  
• July 2019 – Defence filed criminal complaints against National Court Judge for abuse of authority and violating the right to protest. Defence also filed criminal complaint against prosecutors for falsifying evidence in the indictment.  
• August 2019 – Seven CMDBCP activists presented themselves to court to challenge arrest warrant. 
• August 2019 – Defence filed petition to the court to halt return of case to previous National Court judge responsible for the initial arrest warrants.
• September 2019 – Defence filed habeas corpus petition with Appeals Court against pretrial detention.
• November 2019 – Joint NGO amicus curiae submitted to Constitutional Court to support review of Appeals Court rejection of habeas corpus petition. 
• February 2020 – Center for Justice and International Law (CEJIL) submitted amicus curiae in judicial hearing to review preventive detention. 
• March 2020 – NGOs such as the Committee of the Relatives of the Detained Disappeared in Honduras (COFADEH) filed habeas corpus with the Constitutional Court to end pretrial detention of prisoners at risk such as the CMDBCP defenders. 
• April 2020 – The National Mechanism for the Prevention of Torture and other cruel, inhuman and degrading treatment issued report to the National Court regarding the conditions of detention of the CMDBCP defenders, calling for their pretrial liberty. 
• December 2020 – Defence made case for pretrial liberty at Tocoa court hearing supported by joint amicus curiae from University of Virginia International Human Rights Law Clinic (UVA). 
• January 2021 – Twelve international NGOs, led by the University of Virginia International Human Rights Law Clinic (UVA), submitted amicus curiae to support La Ceiba Appeals Court review of Tocoa court decision to deny pretrial liberty of environmental defenders. 
• March 2021 – Defence lawyers submitted evidence in trial of Jeremías Martínez resulting in his acquittal of charges of criminal damage and ururpation, but he remained in custody facing charges deriving from the second arrest warrant issued against those involved in the Encampment for Water and Life.

• January/February 2022 – Defence evidence presented to Trujillo court during trial discrediting prosecution case and demonstrating the political motivation of the case.

• February 2022 – Defence petition for judicial review of case (recurso de amparo) by Supreme Court, resulting in judgements determining the unlawfulness of key aspects of the judicial process against the eight, resulting in their release in late February 2022.