We are writing on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) in connection with the murder of lawyer Dionisio Diaz Garcia and reports of death threats and harassment against lawyer Felix Antonio Cáceres Alvarenga and others engaged in human rights activities in Honduras.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the IBA influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The HRI works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

We were deeply concerned about the murder of lawyer Mr Dionisio Diaz Garcia which occurred on 4 December 2006 at a time when he was carrying out legal defense of former employees of security companies who claimed to have been unfairly dismissed. Mr Dionisio Diaz worked for Asociación para una Sociedad más Justa (ASJ), a human rights association whose members have allegedly been the target of harassment and other death threats. Its members, such as ASJ President Carlos Hernandes and journalists Dina Meza, Robert Martin Garcia, Claudia Meza and Rosa Morazan are reported to have been victims of similar action. In addition, Mr Felix Antonio Cáceres Alvarenga, the ASJ lawyer who took over Mr Dionisio Díaz Garcia’s cases, apparently received an anonymous text message reading ‘It will be better for you to back off  …  or we will leave you like Dionisio’ on 17 May, 2007.

The latest information indicates that no one has been brought to account for the murder of Mr Dionisio Diaz and threats continue to be made against ASJ members and its staff.

It is of grave concern that precautionary measures granted by the Inter-American Commission on Human Rights on 20 December, 2006, in order to protect members of ASJ, have not been fully implemented. This situation leaves those who are consistently being threatened, including Dina Metabel Meza Elvir, Robert Marín García Martínez, Claudia Dinora Mendoza, Carlos Alberto Hernández Martínez and Mirtha Yanina Romero, unprotected from further attacks.

We would like to remind you that as a State Party to the American Convention on Human Rights (ACHR), the Honduran government is bound to respect and ensure the free and full exercise of rights and freedoms to all persons subject to its jurisdiction (Article 1). This obligation is directly linked to the obligation of enforcing precautionary measures.

The lack of enforcement of measures guaranteeing the safety of human rights defenders is of particular concern to the IBAHRI as the failure to fully implement such measures seems to be common practice in Honduras. It is our understanding that organisations from civil society granted with precautionary measures, such as Movimiento Ambientalista Olancho (MAO) San Juan de Tela y la Ceiba and Asociacion para una Sociedad Mas Justa (ASJ) have also stated that no effective protection from the authorities has been provided in order to comply with the orders of the Inter-American Commission on Human Rights and members of these organisations continue to be victims of surveillance, harassment and in some cases death threats.

The IBAHRI would like to bring your attention to articles 65, 68 and 69 of the Constitution of the Republic of Honduras which states that everyone is entitled to fundamental rights and freedoms, such as the right to life, physical and moral integrity, liberty and security of person and the protection of the law.  Additionally, Article 16 of the Basic Principles on the Role of Lawyers states that 'governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics'.

The IBAHRI would also like to refer you Article 12 of the American Convention on Human Rights which establishes the obligation of the state to respect rights and freedoms recognized by this convention. These include the right of each person to have their physical, mental, and moral integrity respected, the right to personal liberty and security and the right to judicial protection, under articles 5, 7 and 25 respectively. These rights are also protected by articles 9, 17, 19 of the United Nations International Covenant on Civil and Political Rights. Honduras is party to both these instruments, and so is bound by these articles. 

The IBAHRI urges you to take the necessary steps to ensure a full, impartial and transparent investigation is carried out in order to clarify these allegations and accounts, and to take all necessary measures to ensure that human rights defenders are able to perform their role without suffering any type of violence or intimidation. The IBAHRI also urges you to take the necessary actions in order to fully enforce the precautionary measures granted by the Inter-American Commission of Human Rights.

The IBAHRI would be grateful to receive your assurances that our concerns will be addressed as a matter of urgency.