A/HRC/45/34 awarded the Goldman Environmental Prize in 2016. On 3 May 2017, the Supreme Court of Peru dismissed the charges against her.15 18. Sustained follow-up to the cases, cooperation among special procedures and coordination with OHCHR have been important factors in achieving justice for human rights defenders. 19. Within the context of criminalization, the use of antiterrorist legislation in Chile against the Mapuche people has been a continuing concern for the mandate. 16 In October 2017, the Special Rapporteur, together with other special procedure mandate holders and in coordination with the OHCHR Regional Office in Santiago, sent a joint communication and issued a public press release on the use of antiterrorist legislation against the Mapuche, including in the high-profile Luchsinger-Mackay case in which Francisca Linconao, a 61year-old machi (traditional religious authority), was charged together with another 10 Mapuche persons.17 The intervention had a prompt impact. It was mentioned by the defence during the trial. On 25 October 2017, the Criminal Court of Temuco acquitted the defendants in the case due to the reliance by the prosecution on a witness statement obtained under torture as main evidence. 18 In another case, the accused, who had spent nearly one and a half years in pretrial detention, were released on bail. 20. Many cases of attacks and violence against indigenous peoples and individuals, including violations of the right to life, have been addressed in the course of the Special Rapporteur’s mandate. The situation in Río Blanco, and threats against members of the Council of Popular and Indigenous Organizations of Honduras and against Berta Cáceres, were analysed in the Special Rapporteur’s report on her visit to Honduras.19 After the killing of Ms. Cáceres, the Special Rapporteur released a public communiqué condemning the murder and linking it to her work as a human rights defender in relation to the Agua Zarca dam, run by the hydroelectric company Desarrollos Energéticos S.A. 20 Conclusions and recommendations in the Special Rapporteur’s report and press release were widely quoted by civil society organizations, including by an international expert group in its factfinding mission report on the murder.21 The Special Rapporteur sent several communications to the Government of Honduras and held various meetings with justice authorities in the country to receive information on the case. 22 The Special Rapporteur also, together with other special procedure mandate holders, sent communications on the case to financial investors supporting the dam project,23 and the Special Rapporteur highlighted the case in her reports and speeches to the Human Rights Council and the General Assembly. Several financial investors, including the Netherlands Development Finance Institution (FMO), the Central American Bank for Economic Integration, and Finnfund, subsequently suspended funding for the dam project. In 2018, the Special Rapporteur expressed her concern in a joint press release about the results of the murder trial, stating that those who ordered the killing had not been brought to justice. 24 In December 2019, seven men were 15 16 17 18 19 20 21 22 23 24 6 PER 1/2016; and see www.business-humanrights.org/es/per%C3%BA-sentencia-de-la-cortesuprema-protege-los-derechos-a-la-tierra-de-la-familia-de-m%C3%A1xima-acu%C3%B1a-en-casocontra-minera-yanacocha. See, for instance, E/CN.4/2004/80/Add.3; A/HRC/15/37/Add.1, para. 165; A/HRC/12/34/Add.6, paras. 57–62; and CHL 1/2011. CHL 3/2017; and see www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22209&LangID=E. See www.latercera.com/noticia/caso-luchsinger-dictan-absolucion-11-imputados-decretan-libertad/ and www.eldesconcierto.cl/2018/10/08/caso-luchsinger-mackay-las-recomendaciones-de-la-onu-queno-considerara-el-fallo-de-la-suprema. A/HRC/33/42/Add.2. See www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=17153&LangID=E. See https://gaipe.net/wp-content/uploads/2017/10/GAIPE-Report-English.pdf. HND 4/2017, HND 4/2016 and HND 2/2016. OTH 8/2017 and OTH 9/2017. See www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=23994&LangID=E. See also https://news.un.org/es/story/2018/12/1447371. For complaints by Desarrollos Energéticos S.A. against the Special Rapporteur’s statement, see www.lavanguardia.com/vida/20181208/453435876879/onu-debe-evaluar-juicio-de-berta-caceresantes-de-respaldarlo-segun-empresa.html.

Select target paragraph3