Chabelo Morales Privado de Justicia - Justice Denied for Chabelo Morales

En Español abajo

Chabelo Morales Justice Denied
Declaration by La Voz de los de Abajo, Chicago

We reject and condemn the guilty verdict issued today by the judges in court in La Ceiba,

Honduras against the compañero, member of the Campesino Movement of the Aguan (MCA), Jose Isabel “Chabelo” Morales Lopez.

As close observers of Chabelo’s case and of this trial, we recognize

that the so-called evidence presented against him was based on

distortions and outright fabrications. Witnesses for the prosecution

changed their testimony dramatically from previous statements in

order to implicate Chabelo, and the prosecution put all campesinos and

the campesino movement on trial.

The verdict reflects the power of landowner and National Police official

Henry Vicente Osorto and of the most powerful landowners in

Honduras who lead the campaign to characterize campesinos as

“criminals” and “terrorists”; it is not based on any concrete proof of

Chabelo’s involvement in the death of Carlos Manrique Osorto that

occurred on August 3, 2008 in Silin, Honduras.

Chabelo, his family and his supporters have been repeatedly

threatened during the entire 5 years in which this injustice has

persisted. We hold the Honduran authorities responsible for their

safety and security. We also recognize that the agrarian conflicts

causing so much violence and suffering will only be resolved through a

just, integral agrarian reform based on inclusion of the poorest and

most unprotected campesinos, and for that also we hold the Honduran

authorities responsible.

We call on human rights defenders, solidarity activists, and all those

who seek real justice and inclusion to speak out now and to support

the continuing struggle for “Liberty for Chabelo”.

La Voz de los de Abajo

February 7, 2014 17:40

Chicago, Il, USA

Chabelo Morales Privado de Justicia

Declaración de La Voz de los de Abajo, Chicago

Rechazamos y condenamos el veredicto de culpabilidad

emitido por los jueces de la corte en La Ceiba, Honduras, en

contra del compañero, miembro del Movimiento Campesino de

Aguan (MCA), José Isabel “Chabelo” Morales López.

Como observadores cercanos del caso de Chabelo, y de el juicio en su contra,

reconocemos que la pretendida evidencia presentada en su contra esta basada

en distorsiones y declaraciones inventadas. Los testigos de la fiscalía

cambiaron sus testimonios dramáticamente de los que presentaron

anteriormente con el fin de implicar a Chabelo y la fiscalía puso en juicio a la vez

a todos los campesinos y su movimiento.

El veredicto refleja el poder del terrateniente y oficial de la Policía Nacional

Henry Vicente Osorto y de los terratenientes mas poderosos de Honduras que

encabezan la campana para caracterizar a los campesinos como “criminales” y

“terroristas” y no esta basado en ninguna prueba concreta de la participación

de Chabelo en la muerte de Carlos Manrique Osorto que ocurrió en 3 de agosto

del 2008 en Silin, Honduras.

Chabelo, su familia y todos los que lo apoyamos hemos sido amenazados

durante los 5 anos durante los cuales esta injusticia ha perdurado. Hacemos

responsables a las autoridades de su seguridad y protección. También

reconocemos que los conflictos agrarios que causan tanta violencia y

sufrimientos solo se resolverán a través de una reforma agraria justa e integral,

basada en la inclusión de los mas pobres y mas desprotegidos campesinos, y

de ello también responsabilizamos a las autoridades en Honduras.

Hacemos un llamado a los defensores de derechos humanos, a los activistas de

la solidaridad, y a todos aquellos que buscan una justicia e inclusión verdaderas

a pronunciarse ahora y a apoyar la lucha que continua por la “Libertad para

Chabelo”.

La Voz de los de Abajo

Febrero 7, 2014 a las 17:40

Chicago, Illinois, USA

Perjury, Prejudice and Influence = Injustice

February 5th Chabelo’s Trial 

Campesinos of the Aguan - Seminario FIDES 2012

I arrived back in Chicago yesterday; this report is based on information from notes and reports by Dunia Perez of ERICSJ and Greg McCain, a human rights observer in the Aguan as well as a phone interview with Chabelo’s family today. Today the defense and prosecution  present their closing arguments- a verdict may come as early as tomorrow -- V. Cervantes

Yesterday (February 5) the landowner who started violence in the land dispute with the campesinos of Guadalupe Carney, Police Subcommander Henry Vicente Osorto testified. According to those present in the courtroom the prosecution created major theatrical effect -- previously they complained that he was not answering the orders to appear---  while everyone (except the judges) was in the courtroom for a supposed 8:30 am start, nothing happened until 9:30 am. The judges entered at that time and the prosecution introduced Osorto as the next witness. The defense team was not notified that Osorto was going to show up. 

Most shocking was Osorto’s testimony - he blatantly contradicted his testimony and statements made for the 2010 trial. He was not present at the confrontation but has testified that he had phone conversations with family members who were there including Carlos Manrique Osorto the man that Chabelo is accused of killing. The 2010 testimony by Henry Osorto was only that Carlos Manrique said there were campesinos surrounding the house , noise, etc. without mentioning any names at all.  But in Wednesday’s testimony he claimed that he asked Carlos Manrique if he recognized anyone and was told that “Jose Isabel Morales” was the one who shot him and furthermore Henry claims now that Chabelo took the phone from Carlos Manrique while talking to Henry and told Henry “ see what we have done to your family, you think you are so big”.  The defense team moved to declare the testimony invalid but despite the clear the contradictions. The judges ruled against the defense.  

Chabelo's mother shares family photos
with La Voz delegation - 2010

There were other inconsistencies between Wednesday’s testimony and 2010. In 2010 Osorto testified that in general the campesinos were peaceful neighbors but this time he made long statements about how the campesinos are terrorists; he verbally attacked the campesino organization MUCA (who are not at Guadalupe Carney) as having terrorist cells and accused Chabelo of having brought in others from outside to carry out a massacre. This “new testimony” comes straight out off the pages of the propaganda campaigns waged against MUCA, the MCA and other campesinos since the 2009 coup by the giant land owners in the Aguan such as Miguel Facusse and the Honduran military command in the Aguan (most recently, Coronel German Alfaro). It is worth remembering at this point that the conflict between Osorto and the Campesino Movement of the Aguan (MCA) arises from illegal sales/purchases by ex-military and police official s such as Osorto and later landowners like Miguel Facusse of the land that was part of a military base run by the U.S. for training and operations for the Honduran and Salvadoran military and the Nicaraguan Contras in the 1980's. The base was closed in 1985 and the land became Honduran government (public) ruled as eligible for land reform distribution to the poor and landless campesinos. 

During Wednesday's session Chabelo's defense lawyers also objected to the fact that this testimony by Henry Osorto as well as the changed testimony by the prosecution’s other witnesses and other “evidence” was a surprise to them as the prosecution had not informed them of this “new evidence” as required. 

Ceremony for campesinos murdered in the Aguan Valley
 since the coup - at least 120 to date.

As I write this, I remember a meeting with the organization “Lawyers in Resistance” in 2011 in San Pedro Sula in which a young lawyer told us that he and other lawyers formed that organization to figure out "how to practice law in a country in which there is no rule of law".

We can only hope that justice will prevail tomorrow when the verdict is expected. 

Reports from Honduras - February 3-4

Link to TeleSur News Report on Chabelo's Trial (spanish) 

Report from Honduras - Chabelo’s Trial  Day 5-6

February 3-4   Many thanks to Dunia Aracely Pèrez for use of her notes

text and photos by V. Cervantes

Both the defense and prosecution are continuing to present evidence (supposed evidence in the case of the prosecution); more prosecution witnesses have also appeared, mainly policemen and forensic experts. As has been the case from the beginning the prosecution has continued to present evidence that proves  that there was a confrontation with many weapons resulting in the deaths of 11 people - unrelated to the specific charges against Chabelo. 

The courthouse in La Ceiba

However it was notable that on February 3rd, a policeman from the investigatory unit of the National Police out of Tegucigalpa (DGIC) gave testimony that was different from his testimony at the earlier trial and hearing in 2010 and different from the written affidavit that he signed. In 2010 he stated that the witness he interviewed (the protected witness A2 that I mentioned in an earlier blog) told him that Chabelo was the one who opened the gas cans to start the fire and said nothing about Chabelo being related to the death for which he is charged (Carlos Manrique Sorto Castillo). But this time, he testified that the witness told him that Chabelo also killed Pedro -- which is the same change in testimony made by the protected witness A2 at this trial - also different from his testimony at the 2010 trial. When the defense asked the police officer why the information sworn to now is not in the affidavits and testimony of 2010, he said he didn’t know. As I reported in earlier blogs, other witnesses have testified that Chabelo went to the scene after 4pm, was not close to the house, and only went to find the body of his friend Arnulfo Guevara who was killed in the confrontation. I can only speculate that someone decided that the original dubious testimony didn’t implicate Chabelo enough so they changed it. The defense lawyers were finally able to state for the record that there were serious inconsistencies and contradictions in the testimonies.  

Today (February 4th) the defense presented a video that was taken the day after the confrontation when police were supposed to be investigating the crime scene and removing bodies. The video shows all kinds of policemen, press, and other individuals coming and going all over the property and surrounding area, walking around even where crime technicians were working etc. The defense introduced the video to show the massive contamination of a crime scene, noting that there were also objects seen in the video that were not on the inventory list of items found (a big blue container for example) and that there was a pile of burnt weapons (they looked like  AK47s) just laying out in the open and that the bodies were not being examined and removed by forensic or other medical personnel as required. The response from the prosecution was that “all crime scenes are contaminated” and that “humans aren’t perfect”.

The landowner and police official who began the war with the campesinos, Henry Vicente Osorto was supposed to testify since last week but has not shown up despite being ordered to do so by the court and despite many messages being sent to the National Police in Juticalpa, Olancho where he is the departmental chief. He is again expected tomorrow along with some additional forensic doctors. 

Once the witness and evidence presentations are through the procedure will be for Chabelo to speak on his own behalf and then the concluding arguments of the defense and prosecution. The 3 judge panel supposedly has to decide the case in 2 days but the  defense expects that the decision will come down on Friday. 

********************************************

Interview with Magdalena Morales, Regional Secretary of the CNTC in Yoro 

February 4, 2014

“In this country only the powerful have justice, not the poor” 

I spoke with Magdalena via telephone to get an update on her case.  She is charged with usurption of land, inciting protest and inciting the land occupation, and with "destruction of property" - all of this based on the fact that the CNTC is supporting the struggle of its members and members of the Association Pro-Development for the Campesinos of Progreso (ADCP) in Progreso, Yoro against the multinational sugar company, AZUNOSA, which occupies land that was declared to be eligible for land reform. She is one of more than 3,000 members of the CNTC facing criminal charges related to the land struggles. 

Magdalena in November 2013 

Magdalena told me that despite the fact that  the sugar company AZUNOSA has agreed to negotiate with the campesino organizations, she is still facing charges. Her next scheduled  court date in February 11th and she has been told that she may have to pay 12, 000 lempira (about 600 US Dollars) even if a solution is reached and she is no longer charged. She also told me that during the negotiations AZUNOSA keeps saying that a solution  is near but they have not made any concrete proposals. Meanwhile the campesinos continue living under tarps and in shacks on government land next to the land that should be theirs but remains heavily guarded by private guards, police and military. Just yesterday there was another attempt against one of the campesinos - he was walking to the highway to catch a bus near the land recuperation when a car tried to run over him. Luckily he escaped; another member of the campesino group was killed in a similar incident in 2013. 

Magdalena expressed her thanks for the international support and the publicity given to her case and the  CNTC and ADCP campesinos. She denounced the fact that the politicians pay no attention to the social problems of poverty and land reform and that in the justice system only the powerful and rich find justice. 

Report from Honduras - January 31 - Chabelo's Trial Day 4

Go here for background information on Chabelo’s case

The court session today continued to reflect an atmosphere of conflict with the judges clearly violating the principal of impartiality, restricting the ability of the defense lawyers to defend Chabelo. 

Three witnesses for Chabelo appeared in court today, all three are live in Guadalupe Carney.

Despite constant interruptions from the lead judge (" speak louder, speak slower, speak into the microphone, look at me when you answer not at them, etc. "), all three were able to explain that Chabelo was at the soccer field at 4pm for a soccer game and that he only left the field after the wife of his friend Arnulfo Guevara came running to the field to say that she was told that her husband had been killed near Henry Osorto's house and that she needed Chabelo's help to go get Arnulfo's body. The soccer field is some distance from the Osorto house.  

Henry Osorto- photo El Diario Olancho

One witness who is also on the soccer team stated that he and others from the team went to the scene also and they all got there  after 4pm since they left the soccer field a few minutes after 4. This witness, a young campesino wearing a shirt that said "Fearless" in English, was indeed fearless. When the prosecutor asked him if he knew why Chabelo had been arrested, he answered, "yes, because of prejudices" and when the prosecutor asked him what he was talking about, whose prejudices, he answered, "Henry Osorto, because Chabelo never killed anyone, he wasn't there".  Osorto is a powerful figure in the north, a graduate of the School of the Americas, a landowner and a police official for many years-  now the head of the Police for the Province of Olancho. 

The judge also interrupted the defense lawyer when she was questioning her witnesses. She also noted for the record that the judge was interrupting the defense witnesses, something he had not done with the prosecution witnesses.  

The defense team has also complained that the judges should have taken action in the face of prosecution witnesses changing their testimony from their original statements and testimony - for making false statements to the court. Instead the Tribunal has so far denied the defense the right to contest the contradictory statements or to even contrast the different versions in court so far.  

One testimony was changed so that it actually supports the timeline as Chabelo (and defense witnesses) have testified of Chabelo arriving late in the day not during the main confrontation; another testimony was changed to accuse Chabelo of shooting and then attacking with a machete the witness's uncle when previously he said it was someone else and he now says that Chabelo was organizing the attack and agitating the other campesinos. (This is clearly contradictory to all the other testimony as well as to this witness' previous testimony.   

The Coordinadora of Popular Organization of the Aguan (COPA) brought a bus load of supporters to maintain the vigil in support of Chableo. The Permanent Observatory for Human Rights in the Aguan and several international observers also maintained their presence. 

The trial reconvenes Monday morning. 

January 30- Chabelo, his mother, his lawyer, representatives of ERIC SJ, Task Force on the Americas and La Voz de los de Abajo

Report from Honduras - January 30th - Chabelos Trial - Day 3

text and photos V Cervantes

Just a very short update from todays court session - 

Pobladores from Progreso, Yoro, and members of MUCA from the Aguan along with ERIC SJ, maintained today’s vigil in support of Chabelo outside the courthouse in La Ceiba. There were also accompaniers from PROAH (Honduras Accompaniment Project) and the Permanent Observatory for Human Rights in the Aguan. 

The prosecution and judges seemed determined not to recognize the fact that the key witness against Chabelo contradicted his original testimony and ended up confirming Chabelo’s own testimony about his arrival in his community after the confrontation with landowner Henry Osorto’s guards. In other words that the original testimony was false.

 Today the prosecution filled up much of schedule with forensic and ballistic expert testimony along with testimony from the forensic physicians. The experts verified the affidavits they had produced for the original trial that established that a large number of weapons were involved in the confrontation, that there was a fire and that a number of people died violently. However, there was no evidence that in anyway related to Chabelo or the charges against him. The prosecutors continued to present information about deaths that Chabelo is not charged with over the objections of the defense. The judges rejected a number of objections by the defense and even accused the defense of being disrespectful to the court for raising the objections.
 After the session was over, about 10 family member and supporters of Chabelo gathered at the entrance to the court parking lot to talk to Chabelo as he was leaving to go back to the prison for the night. He travels wearing a bullet proof vest in a small pick-up vehicle full of heavily armed National Police. They stopped so that we could shake his hand or hug him and talk for just a moment.