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Article

28 Jun 2022

Author:
Global Justice Association

Honduras: Berta Cáceres' daughter files criminal complaint against Dutch bank FMO for complicity

COPINH

"Daughter of murdered Honduran human rights activist files criminal complaint against Dutch Development Bank FMO", 28 June 2022

Murder of Berta Cáceres and role of state bank FMO

Between February 2014 and March 2016, the Dutch state bank FMO lent millions to a Honduran construction company, whose former CEO, David Castillo, was sentenced to 22 years in prison in June 2022 for his role in the murder of human rights activist Berta Cáceres. She opposed the construction of a hydroelectric plant on indigenous land, for which the funding was intended.

Cáceres Flores' daughter, Bertha Zúniga Cáceres, is in the Netherlands this week to file a criminal complaint against FMO. She claims that FMO continued to financially support the construction company DESA despite repeated warnings from outside and that a significant part of the development funding for the project was siphoned off to third parties. Zúniga Cáceres is represented in the Netherlands by law firm Global Justice Association (GJA) in Amsterdam.

Ignoring warning signs

Zúniga Cáceres: “At the time of the FMO financing, my mother and several NGOs had already warned the FMO that the company it wanted to invest in was a crook. That there was violence against the indigenous Lenca people and that they had not given their consent. This was also a reason for other interested investors to pull out. However, FMO decided to go ahead. The FMO executive director, meanwhile, stated in interviews that FMO almost never abandons projects once they have started. This made FMO's decision to go ahead even more painful, after all those warnings from my mother." "By ignoring local voices in an already precarious situation," argues GJA human rights researcher Floor Knoote, "FMO has not only violated its own human rights policies and the policies of the ministries it reports to, but is in our view also complicit in the violence and corruption that took place after providing the funding."...

Importance of investigation by Public Prosecutor

The Dutch State holds 51% of the shares in FMO and the bank is accountable to the Ministries of Foreign Affairs and Finance, so there is a public interest in an investigation into the criminal behaviour of FMO and its board concerning the decision to finance Agua Zarca. Wout Albers, attorney at GJA, therefore urges the Public Prosecutor to start an investigation. "The involvement of FMO goes far beyond what has been assumed so far and there are many open ends that both the Dutch, Panamanian and Honduran justice systems will have to investigate."

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