GENEVA – The Government of Bolivia must ensure that the killers of Judge Victor Claure Hinojoza are brought to justice, the motives behind the murder are clarified, and the family receives compensation, UN experts* said today.
Judge Claure, who was dean of the of the Agro-Environmental Court of the Plurinational State of Bolivia, was assassinated on 30 April, in the city of Santa Cruz de la Sierra by two individuals riding a motorcycle. Starting out as an environmental rights defender, Judge Claure built his professional career in the technical public service of the agrarian sector before becoming a judge.
“The brutal killing constitutes a serious attack on judicial independence, the right to a healthy environment and the rule of law,” the experts said. “We call on Bolivian authorities to carry out an effective and independent investigation into the killing and bring those responsible to justice, ensure the motives behind the crime are clarified, and measures to prevent recurrence are implemented.”
Judge Claure died at the scene after one of his attackers fired four bullets at him point blank.
“The effects of the killing are devastating, not only for Bolivia’s judiciary and the rule of law, but also for the victim’s family,” they said. “Bolivian authorities must take immediate measures to ensure accountability and protect members of the judiciary.”
“The killing of a judge has an inevitable chilling effect across the judiciary if it is not followed by effective investigation, prosecution, and punishment of those responsible,” the experts said.
The apparent contract killing may be linked to the Judge’s official duties, including the exercise of his duty to protect and defend the environment. In the months before his assassination, Judge Claure had worked on several sensitive matters, including cases concerning unlawful mining, forest fires, and land grabs.
Almost four months after the assassination, four people have been arrested on suspicion of receiving and storing the motorcycle used by the hitman. But neither the person who carried out the murder nor the person who ordered it have been arrested.
“The risks the judge faced due to the type of cases he was handling are not unique: the judiciary needs effective protection as it confronts environmental issues,” the experts said
The experts warned that attacks or acts of intimidation directed at judicial actors engaged in the protection of environmental rights may undermine judicial independence and hinder the effective enjoyment of universally recognised human rights.
They called for support for the families of judges and urged the Government to ensure that Judge Claure’s family is provided with the assistance they need to live in safety and have a decent standard of living following his tragic murder. These measures include comprehensive financial support consisting of survivor pensions and educational scholarships, compensation for occupational hazards or violent death in the line of duty, and immediate assistance for funeral expenses.
“Urgent measures must be taken to address the vulnerability of the judiciary,” the experts said. “International standards provide that States have an obligation to ensure that those who exercise judicial functions are free from intimidation and threats, and to protect those who defend the environment.”
“It is the responsibility of States to guarantee and protect their life and liberty, both in their capacity as judicial officials and as individuals.”
The experts have communicated their concerns to Bolivia.
