Another Chance for Justice - Chabelo's trial reconvenes

Solidarity Action continues
the week of October 19th.

Spread the word through your social networks. Use the hashtags #justiceforchabelo #justiciaparachabelo

Chabelo's Trial Reconvenes

(for background info please visit: freechabelo.wordpress.com or hondurasresists.blogspot.com )

October 19, 2015

Greg McCain

There was a greater anticipation for this hearing than the previous ones because, before the trial was suspended 2 weeks ago, the judges had strongly requested that the Prosecutor impress upon his witnesses that they need to show up. Indeed, that was the whole reason for the 2 week suspension; key prosecution witnesses were not appearing. The 2 weeks was to give them time to schedule accordingly.

The main witness, known as Protected Witness 2 (PW2), was the only survivor of the incident in which 11 people lost their lives in a fire that burned the house belonging to the Osortos to the ground.  PW2 was pulled from the house, ironically enough, by one of Chabelo's brothers.

Through out the initial investigation PW2 never identified Chabelo as one of those involved. It was only after the prosecution and Henry Osorto, a Sub-Commissioner of the National Police and whose family was involved in the conflict that resulted in the fire, decided to manufacture the case around a photo of Chabelo.

PW2's testimony changed in the first trial from what he had been saying in the investigation. He was now implicating Chabelo and one other person, Carlos Maradiaga, in the murder of Manrique Osorto. His testimony changed again in the 2nd trial due to Maradiaga having been found innocent in the 1st trial. Chabelo was being solely accused by PW2. It was due in part to these irregularities that the Supreme Court annulled, twice, the convictions of Chabelo.

Another important witness is Henry Osorto himself. Although he was not at the house during the incident, he claims that he was on the phone with his nephew, Manrique, during the events that led to Manrique's death. Osorto's testimony changed as well between the 1st and 2nd trials.

These 2 prosecution witnesses, amongst others, are refusing to come to the hearings in Trujillo. The Prosecutor stated that he spoke with Osorto on the phone and Osorto says that it is too dangerous for him and the other witnesses to go to Trujillo.

It is important to note that Osorto was recently elevated from a Sub-Commisioner to a Commisioner of the National Police. He has sufficient resources at his disposal to ensure his and the other witnesses' safety.

In today's hearing, the Prosecutor solicited the court to have the trial moved to La Ceiba or Tegucigalpa where Osorto feels safer (?). He also solicited that 3 prosecution witnesses be removed from having to testify. The judges asked the Defense if they agreed with the elimination of these testimonies. The Defense accepted this and the judges let it stand.

On the question of moving the trial which would require another suspension, the judges asked for the Defense's response. Atty Omar Menjivar stated that by law trials could not be suspended for more than 15 days. This trial has already had a 10 day suspension and the chances of getting it added to the docket in La Ceiba or Tegus in less than 5 days would be almost impossible. Omar also stipulated that the law states that "victims" have the right to testify, but there is no legal obligation that they do so. In other words, if they don't show up, the court is under no obligation to compel them to nor make it more convenient for them to. They have the power to order a witness to appear, but they are under no obligation to.

The judges deliberated at the bench for a short period than stated that today's hearing would be adjourned so that they could consider thoroughly the Prosecution's solicitation and they would deliver their decision.

There was one witness for the prosecution today, a medical examiner from the Public Ministry. His testimony consisted of his having examined PW2 and confirming that he had received wounds from a high caliber arm. He had no evidence that connected Chabelo to the incident.

It is clear that Osorto is once again manipulating the court proceedings. There is much speculation as to his true motive beyond his claims of safety. Some speculate that it is a psychological game to keep Chabelo and the Guadalupe Carney community off balance and fearful that this nightmare will never end. Others state that Osorto is buying time to solidify his plan to kidnap and assassinate Chabelo to keep the trial from having the possible outcome of Chabelo's innocence.

Chabelo accompanied by
Greg McCain October 5, 2015

Whatever the true motives, it is clear that Osorto has the power to manipulate the justice system as he has done for the past 7 years with regard to Chabelo's case. Just as Chabelo's incrimination has become a symbol for the criminalization of  campesinos and social movements across Honduras, his court hearings are emblematic of how the justice system works only for those with power. It has only been through the collective power of the national and international human rights communities that Chabelo and his defense team have pushed through the corruption and kept his case alive to fight another day.

Help keep the pressure up. Spread the word through your social networks. Use the hashtags #justiceforchabelo #justiciaparachabelo

Chance for Justice - Support for Chabelo and other News

Below are links to two statements in support of Chabelo Morales, one from La Voz de los de Abajo and one from Alliance for Global Justice, published by Radio Progreso and taped during this accompaniment visit for Chabelo's new trial. The trial is set to reconvene on October 19th. There is much hope for his complete liberty but concerns remain for his security as well as that of his family and community.

Meanwhile Honduras has been rocked today by the news that a member of the powerful Rosenthal family (Yankel Rosenthal) was arrested in Miami for money laundering and that the patriarch of the family media and agricultural empire (Jaime Rosenthal) and politician (Yany Rosenthal) as well as the Rosenthal bank (Banco Continental) are also named for money laundering of dirty (narcotics and organized crime) money. Yankel was a Vice Minister in President Juan Orlando Hernandez's government until recently. More to come on this twist later.

Chance for Justice Day 5

Vicki Cervantes of La Voz de los de Abajo and HSN is accompanying Chabelo Morales' new trial for two weeks along with Karen Spring of the HSN and other international observers. 

Friday, October 2, 2015

V. Cervantes

Thursday evening the electric power went out in Guadalupe Carney and with no television, radio or lights for distraction, some folks went to bed very early, while some of us stayed up burning through candles, telling stories about the history of the community, and sharing rumors and gossip about the powerful military figures and oligarchs active in the Aguan. One of the young campesinos talked about how after taking over the land that had been a US military facility, the campesinos found graves, ammunition shells, and more on the lands. I remembered that not long after the land recuperation the La Voz de los de Abajo was given a copy of military documents found by the MCA campesinos at Guadalupe that included a list of Honduran, Nicaraguan and Salvadoran prisoners who had been held in the clandestine detention center run by the US and Honduran military at the base. The young campesino told us the story that circulated in Guadalupe in those early days about a campesino ghost with high rubber boots full of water who could be heard walking around near the village. For sure there are many ghosts, victims of the military, oligarchs, and big land lords past and present, who are still walking the valley, looking for justice.

Early in the morning Friday it started pouring rain and everyone was worried about how the rain might keep supporters away from the courthouse. Amazingly, the sky cleared and we piled into the back of a pick-up truck ourselves for the short ride from Guadalupe Carney to the court in Trujillo. When we got there Chabelo and the Morales family were happy to see that a sizable group of campesinos and campesinas from Guadalupe Carney and supporters from the San Alonzo Foundation and the Human Rights Observatory of the Aguan were there waiting for Chabelo to arrive. The defense team accompanied by members of ERIC-SJ and Radio Progreso arrived shortly and the trial began. 

Day 5 in Court:

Today two prosecution witnesses appeared but the testimony again was limited to forensic details regarding ballistics analysis and once again there was no evidence was presented linked to the accusations against Chabelo. After about an hour the testimony was complete and the judges announced that the trial would adjourn for the day and not convene again until October 19 because there were still problems in locating important prosecution witnesses and October 7,8, 9 are holidays and the court decided not to work those days. The defense lawyers objected to the fact that the prosecution witnesses,especially the key witness, Henry Osorto, were not complying with orders to appear in court and asked for the court to issue edicts requiring their presence and if they don’t show up to go ahead and let the defense present its case. They also proposed that if Henry Osorto fails to show up again he lose his status as victim (which implies a certain leniency towards his no-shows). After much conferring among themselves the judges agreed to set a schedule so that defense witnesses could know when they will be called and to issue edicts for all scheduled witnesses to appear. Under Honduran law ignoring the orders to appear can result in charges of “disobedience” to the court similar to “contempt of court” charges. 

PRESS CONFERENCE: “URGENT TO CONTINUE ACCOMPANIMENT AND SUPPORT”

After the court adjourned, the defense team, international and Honduran supporters and one of Chabelo’s brothers, Merlin Morales headed to Tocoa, the main city in the Aguan Valley, about an hour away from Trujillo, for a press conference that was facilitated by a lawyer from ERIC-SJ, Brenda Mejia who has been observing the trial since it began. 

At the press conference defense lawyers, Omar Menjiva and Sara Aquilar explained what was going on in the court and the significance of the delays. Sara spoke eloquently about the symbolic importance of Chabelo’s case for the campesino movement and emphasized the urgent need for international observers and local supporters to continue to accompany Chabelo, his family and the community despite the obstruction and delays.

The Guatemalan jurist accompanying the trial, Dr. Henry Monroy, also spoke and noted strongly his view that the case of Chabelo is an example of the criminalization of social protest, in this case the just struggle for land -- the agrarian movement. He called for a regional solidarity presence from Central America and denounced the fact that intimidations against the family and Chabelo continue, including strange men appearing in the community near family homes and following vehicles.

From Honduras: Chance for Justice #2

 Chabelo’s Trial - Day 4
Thursday, October 1, 2015

V. Cervantes

It was already dark Wednesday evening when we got off the bus at the entrance to the community of Guadalupe Carney on the highway to Trujillo. We walked through the community, quiet except for the dogs and roosters announcing our arrival, to the house where we are staying while we accompany Chabelo, his family and community during this trial.

During the bus ride we were listening to Radio Globo’s audio broadcast of a video from a very violent eviction of campesinos in Palomar, near Choluteca, by the National Police in which one campesino was killed and many injured. The audio was chilling with women and children screaming, people yelling and the noise of tear gas and people running. Those sounds were still ringing in my ears as I looked at the community that has been a symbol of success for organized campesino recuperation of lands since its beginnings 15 years ago when 900 families moved on to an abandoned joint US/Honduran military base. Despite evictions, assassinations, and all the problems that affect the poorest campesinos, the community persisted and fought to win titles to most of the land they cultivate; only two landowners continue to dispute the campesinos’ right to the land, the most powerful landowners in Honduras, the Facusse  family, and former military death squad member, now a police commissioner, Henry Osorto.

Today, Thursday, the Morales family and supporters from Guadalupe Carney, the Human Rights Observatory of the Aguan, COPA, Fundacion San Lorenzo and other campesino movements in the Aguan mobilized early to get to the court in Trujillo before 9am. Only a handful of people were allowed into the courtroom to observe, but everyone else continued their accompaniment by hanging up banners and placards in from of the court and maintaining a visible presence, keeping an eye on the 8 or so armed soldiers who were standing watch outside. In the courtroom we watched the panel of judges file into the room and call for the prosecution witnesses. One witness appeared, a doctor who received the body of Carlos Manrique Osorto; the doctor read out loud his original statement which details the injuries but, of course, has no information or evidence relevant to the charges against Chabelo. That testimony lasted about 20 minutes then it was announced that none of the other prosecution witnesses had come to court, including Henry Osorto  and that the trial would reconvene tomorrow morning.



The trial so far, like the previous 2 trials, has seen no concrete evidence presented linking Chabelo to the death of Carlos Manrique Osorto and has been marked by the failure of witnesses called by the prosecution to show up to testify. Henry Osorto himself has missed two scheduled appearances. (See the report from Greg McCain below for Tuesday and Wednesday’s court sessions).

Of course, we can only imagine what would happen if campesino witnesses ignored the summons to court to testify, but it is unlikely they would be allowed to delay a trial the way the prosecution witnesses are doing.

It seems that these delays, that may now stretch out the trial through the end of the month, are part of a strategy to wear out the supporters; reduce the number of international observers and hope that the Honduran media and people lose interest in Chabelo’s chance for justice. This is important also because attempts to intimidate defense witnesses and fear of violence against Chabelo, his family and the community to prevent a verdict in his favor continue.

This afternoon, we gathered with Chabelo and his family members and were watching the news on TV Globo when the video of the eviction in Choluteca was aired. We were frozen with outrage and sadness, watching the police attack the campesino community, mostly women of all ages and a few young men and small children. The women rushed to defend the community members being beaten and one woman passed out with blood seeming to pour out of a head wound. The policeman stood over her and a young man lying on the ground,  with his combat style nightstick still raised. The TV Globo commentator was indignant and cited the statistics that there is enough land for everyone in Honduras to have 20 manzanas (50 acres) of land.  One of Chabelo's brothers turned to me to say, imagine what we could do if everyone had land like they are saying,  but the big landowners and government only want to do that, and he pointed at the violence on the screen.



Link to another broadcast of the Choluteca eviction video

We also got word that today there were multiple protests blocking streets in Tegucigalpa as students, youth and other resistance members continued the protests against Juan Orlando Hernandez. The police violently displaced all the blockades.
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Greg McCain
Defensor Internacional de Derechos Humanos Honduras
September 30, 2015
Yesterday, after the lunch time break, the trial resumed with a witness for the prosecution. It was an investigator from the DNIC, his testimony was intende to basically to back up one of the protected witnesses' testimony. Instead he added to the inconsistency of the testimony by stating that the protected witness stated that he could identify with 100% certainty who killed Enrique Osorto, the man Chabelo is accused of killing. The problem being that the protected witness has changed his testimony on several occasions, unable to identify Chabelo until instructed to by investigators.

This was the only testimony given before the hearing ended for the day. The other witnesses for the prosecution didn't show up so the judges adjourned for the day.

Today, the trial started around 9:30am.

Again only one prosecution witness showed up. This was a fireman from Trujillo who got to the scene after the fact. He wanted to read his testimony from a notebook that he brought in, but the judges told him he needed to tell it from his own memory. He basically offered nothing to the prosecutor's case against Chabelo.

The judges wanted to offer suggestions on how to proceed in light of the prosecution witnesses not showing nor being able to state when they will show up. This includes Henry Osorto. The Prosecutor informed the judges that Osorto was upset with being expected to state exactly when he would show up stating, "he is concerned for his saftey and can't give specifics in advance." This from a police officer who has recently been promoted to a police commissioner thus having the entire police force at his disposal.

It was finally decided that the hearings would proceed tomorrow and Friday. If the two protected witnesses didn't show  the prosecution agreed to give up that evidence. The judges then stated that after this Friday the trial would be suspended until Oct 19th so that the Prosecution could have ample time to have their agenda for witnesses in place. Nevermind that they had 2 months since the initial hearing to get their agenda in place, let's see what they accomplish in 19 days.

After the hearing I spoke with one of the international jurists who are here to observe. He stated that it appeared to him that it was obvious manipulation of judicial proceedings on Osorto's part and that the judges had the power to order him to testify on a specific date.

In the meantime, more suspicious men have been seen walking around Guadalupe Carney. Yesterday, two of Chabelo' sisters saw a man enter the yard of Chabelo's mom stood there for awhile than wandered off.

Another chance for Justice - Chabelo Morales

Thirty-two organizations signed a letter of support, demanding freedom for campesino political prisoner, Jose Isabel "Chabelo" Morales Lopez as his third trial on the same charges begins.

 La Voz de los de Abajo will join others in accompanying the trial later this week. On Monday September 28th, organizations from the region including the Jesuit communications organization ERIC-SJ held a press conference with distinguished international jurists who are observing the trial.  Here for Spanish news story
We publish the letter and a report on the first day of the trial from Greg McCain, a human rights observer living in Honduras. 

Chabelo's new trial comes at a time when Honduras continues to reel from the corruption and violence that has increased as the coup governments continue their projects of privatization/impoverishment, militarization and land grabbing. The resistance movement and the newer movement against corruption that is made up of more than one distinct grouping continue to be in the streets in protest. 

La Voz's observer will be in Honduras for two weeks and will be sharing observations and information on this blog.
29 - Sept-2015

 

September 2015

As representatives from the international human rights and solidarity community, we come together to demand justice for José Isabel “Chabelo” Morales during his retrial. In that there are currently over 5000 campesinos with judicial proceedings against them, Chabelo’s case is emblematic of the criminalization of peasant farmers (campesinos) who struggle for access to land.

In light of the persistent violations to human rights in Honduras, we demand:

⦁ That Chabelo’s retrial scheduled for September 28th - October 9th, 2015 be fair and impartial.

Further, we demand unconditional freedom for Chabelo.

⦁ A full investigation into human rights violations and judicial irregularities surrounding all of Chabelo’s judicial hearings.

⦁ A full investigation into the ongoing threats and intimidation against the Morales family and community of Guadalupe Carney.

⦁ A full investigation into the abuse of authority of Colonel Henry Osorto Canales who was recently nominated for advancement from Sub-Commissioner of the National Police to the position of Commissioner.

⦁ A suspension of aid to Honduran police, military and security until the human rights violations perpetrated by these forces ceases; specifically, the continued aid by the United States to the National Police and funding to the Public Prosecutors office (Ministerio Publico) given the ongoing abuses.

José Isabel “Chabelo” Morales López, 39, was in prison for 6 years, 9 months, and 7 days for a crime that he did not commit. He and his family are campesinos in the Aguán Valley in the heart of the African palm-producing region of the northern coast of Honduras. His arrest and imprisonment were aimed at punishing and criminalizing the campesino movement in Honduras as well as being products of the well-documented corruption and impunity that has this country in its grip. Chabelo is recognized as being unjustly imprisoned by numerous human rights and rural advocacy groups including Via Campesina, SOAW, FIAN International, COFADEH and ERIC-SJ.

Chabelo was arrested in October 2008 after heavily armed members of Henry Osorto’s family and private security attacked the campesinos in an attempt to illegally take land that had been legally granted to the campesinos. One campesino was killed by shots from the Osorto house and 11 members of the Osorto group were left dead. In a clear conflict of interest and abuse of authority, Henry Osorto led the investigation which was incomplete, inconsistent, and forensically questionable.

Arrest warrants for 36 residents of Chabelo’s community were issued without evidence that the individuals were involved. Chabelo was one of them, he and one other person were the only ones arrested and charged with 11 counts of murder, arson, and robbery despite there being no concrete evidence of their involvement. At his trial over two years after his detention (a clear violation of the Honduran Penal Code, and notably after the military coup in June 2009) the charges were reduced to one count of homicide. The other person was found not guilty due to contradictions in the testimony of the prosecution witnesses and yet they let these same contradictions stand in the conviction of Chabelo.

The panel of judges found Chabelo guilty despite a lack of evidence and the contradictory stories, but sentencing was delayed for over 2 years. Because of that and many other irregularities, the Honduran Supreme Court annulled his conviction and ordered a new trial which took place in January 2014. The new trial was moved to another department, but was assigned judges from the Aguán, including two who had refused to release Chabelo from prison pending the new trial, a clear violation of the Supreme Court order. The defense asked for the two judges to recuse themselves but lost the decision.

Prosecution witnesses including Henry Osorto perjured themselves once again, radically changing their testimony and contradicting their sworn statements in an attempt to incriminate Chabelo. The judges refused to allow the defense to place those contradictions into the record. The prosecution echoed statements made by Osorto about the small farmers in general being violent terrorists rather than giving evidence as to Chabelo’s involvement. Defense witnesses presented the same testimony as previously, noting that Chabelo was not present at the scene when the confrontation and deaths occurred. The judges found Chabelo guilty and he was sentenced to 17.5 years. Chabelo’s defense lawyers filed an appeal, which was finally reviewed by the Supreme Court. 

The court once again annulled the conviction and sentencing based on procedural inconsistencies on the part of the prosecutor and judges, but once again ordered a retrial. The Defense also solicited the court to free Chabelo pending the retrial based on numerous violations to the penal code. This was the seventh solicitation in five years based on these violations.

The initial hearing of the retrial was held on July 24th, 2015 in La Ceiba. The magistrates quickly ruled in favor of Chabelo’s release based on the violations and scheduled the retrial to be held between September 28th and October 9th in Trujillo.

Based on the clear violations to the human rights of Chabelo Morales, we demand his unconditional freedom. In addition to the demands stated above we further demand protection from retaliation on the part of Colonel Henry Osorto Canales against Chabelo Morales and his family.

Signed,

1) La Voz de los de Abajo, Chicago

2) Alliance for Global Justice

3) Nicaragua Center for Community Action (NICCA), Berkeley, CA

4) International Action Center

5) Michigan Emergency Coalition Against War and Injustice

6) Colectivo Honduras USA Resistencia=libre (D19/New York)

7) Task Force On the Americas

8) San Francisco School of the Americas Watch (SOAWSF)

9) Latin America Solidarity Committee, Milwaukee

10) Bay Area Latin American Solidarity Committee (BALASC)

11) The Cross Border Network, Kansas City, MO

12) Portland Central America Solidarity Committee

13) Hondureños Por La Pachamama

14) Oakland - School of the Americas Watch, USA

15) Hondureños D19 Northern California

16) Radios Populares, Chicago

17) Witness for Peace Southwest

18) Gay Liberation Network, Chicago

19) US El Salvador Sister Cities

20) Inter-Faith Committee on Latin America, St. Louis

21) School of the Americas Watch (SOAW)

22) Chicago Religious Leadership Network on Latin America (CRLN)

23) FIAN Internacional - Sección Honduras

24) Movimiento Ambientalista Santabarbarense (MAS)

25) Foro de Mujeres por la Vida

26) COLLETTIVO ITALIA CENTRO AMERICA, CICA

27) Grassroots International

28) Observatorio Permanente de Derechos Humanos del Aguán

29) Voices for Creative Nonviolence

30) Workers World Party

31) Loretto - Kansas City

32) 8th Day Center for Justice, Chicago

Chabelo with defense team
and supporters 2014

The Trial Begins - September 29, 2015 

Yesterday was the opening session for Chabelo Morales' 2nd retrial. It didn't get started until a little before 2pm. It consisted mostly of the formality of the judges setting the ground rules and listening to opening arguments of each side. The highlight came when the defense team solicited the court to only allow evidence related to the one charge of homicide which Chabelo was convicted of and later anulled and to not put Chabelo in Double (triple?) Jeopardy by having to defend himself against the 13 other charges of which he was found innocent in the previous 2 trials. In a huge victory the judges sided with the defence thus eliminating about 70% of the Prosecutor's evidence. This motion by the judges set this trial in a completely different frame from the previous trial and kinda guaranteed that the trial won't last the entire scheduled 10 days.

On day 2, which began at 9:30 today, and is currently on a lunch break until 2pm, the prosecution witnesses presented their testimonies. Mainly it consisted of them affirming that the signatures on documents from the investigation and a previous trial were theirs and the defence pointing out discrepancies in their testimonies.

The Prosecutor is not the same one from the previous trial and he appears to not be too invested in prosecuting this case. He has not prepared questions for the witnesses and so asks one, maybe two, and when the Defense pressed one of the witnesses regarding his inconsistencies the Prosecutor didn't contest or attempt to counter in any way.

This trial once again, as in the previous trials, underscores the fact that there is no credible case against Chabelo and that these show trials have been a farse since the beginning.

Greg McCain

Action Alert and updates for Honduras!

Witness for Peace Southwest has published the following action alert and updates for the Honduras Solidarity Network  http://wfpsw.org. There are three sections. 

Military Police inside Honduran Congress 

Action Alert

1. Honduran LIBRE congress members brutalized and teargassed by military police inside congressional building. 
2. Honduran Social Movements en route to march on the Capital 
3. Congressional Dear Colleague Letter on Honduras now with 67 signers. Has your Rep. Signed?

Click Here to ask your Representative to support Human Rights in Honduras

Calls and emails needed to the State Department and US Embassy in Honduras demanding the US denounce the violent treatment of Honduran congress members at the hands of the Honduran Military Police.

Sample script: "Madam, Are you aware that just recently Honduran military police broke down doors at the Honduran National Congress and subjected elected congress persons to violence, beatings, and teargas forcibily ejecting these elected officials from their congressional posts? Has Secretary Kerry or US Ambassador Kubiske condemend this violent use of force against elected officials of the Honduran congress?"

CONTACT:

Call and email State Department- Honduras Desk: 

Kelsi Cambronne call: 202-647-3505
email: CambronneKL@state.gov

Email US Embassy: 

Amanda Johnson Miller, US Embassy Human Rights Attache- Johnson-MillerA@state.gov

Click Here to ask your Representative to support Human Rights in Honduras

Honduran LIBRE congress members brutalized and teargassed by military police inside congressional building.

Video here of military police repressing congresspersons inside and outside congressional building.

Video of two women LIBRE congesspersons overrun and trampled by military police.

LIBRE Congresswomen pushed and hit by police

"The Order From the National Congress Was to Repress All Action by the Opposition."  

Marvin Palacios, May 13, 2014.  Defensores en Linea (COFADEH)

The President of the National Congress, Maurico Oliva, gave the order to brutally repress the opposition party Libertad y Refundación (LIBRE)  and the activists and leaders that were demonstrating peacefully below the National Congress.

The order of the day was repression and violence, said the congressmembers from LIBRE.  The violent actions led by agents of the State left several congressmembers hospitalized and dozens of demonstrators with serious blows/injuries, produced by the brutality with which riot troops and military police acted.

Around 4:00 in the afternoon a strong contingent of military police, police from the Special Operations Command (COBRA), and military troops entered into the hall of sessions of the National Congress, occupied strategic positions inside the big hall, surrounded the congressmembers of LIBRE and began to use batons, tear gas bombs, and shields to assault, push and mistreat and beat the representatives of the people.

There was no consideration for anyone, including congressmembers such as Claudia Garmendia, congressmember from the department of El Paraíso, who suffered the charge of the military soldiers, in which she was surrounded on the floor, and rescued by one of her congressmember companions.

Ex-President Zelaya, upon being expelled with shoves and blows from the second level of the National Congress, where he presides over the bench of the 36 congressmembers of LIBRE, said `those who are governing Honduras are beasts.'

Later he added sadly that `it's only taken 100 days for president Juan Orlando Hernández to show us his fangs; he will not be releected to govern because the Honduran people reject his dictatorship.'

In the streets of the historic center you could breath smoke and pepper gas in industrial quantities, and while people covered their mouths with scarves, others were persecuted and beaten by those in uniform. The central park was once again the scene of battle between demonstrators and police, but in disproportionate conditions.  Many of the protesters were persecuted and beaten by those in uniform.

Congressmember Claudia Garmendia was hospitalized because of the blows and gases she received inside the hall of sessions of the National Congress; also the congressmembers Elvia Argentina Erazo (Copán) and Audelia Rodríguez (Atlántida).

Congressmembers Hari Dixon, Rafael Alegría, and Wilfredo Paz were beaten.  The Red Cross transfered several disheartened and injured people to the Hospital Escuela.

Several days ago LIBRE called for a peaceful demonstration underneath the National Congress [Transl:  the building is sort of on big stilts, with an open area on the first floor; the actual congress is on the second floor], demanding that, because LIBRE is the second political force in the country, with 36 congressmembers, it be represented in the Supreme Electoral Tribunal.  The demand was met by a response from the President of Congress Mauricio Oliva that LIBRE had to obtain 86 congressmembers in order to be included. And the other response from Oliva was made this afternoon, in ordering a brutal repression against the opposition politicians, activists, and leaders of LIBRE.

The situation is worrisome to human rights bodies, considering tomorrow environmentalists will arrive at the National congress tomorrow to demand an end to concessions for extraction of the country's mineral resources.

The Honduras Solidarity Network has set up an emergency fund for Hondurans who need emergency medical help, relocation for security reasons and for the families and victims of human rights abuses and assassinations. Please support the Honduras Emergency Fund if you are able.
  

Honduran Social Movements en route to march on the Capital

Campesinos, Indigenous peoples and members of the social movements launch a “caminata” march across the country with demands for “Dignity and Sovereignty”.
For the complete communique, demands and list of organizers s click here.

 Funds still needed for food, housing, transport and medical support for the dozens of organizations participating in the “caminata". Donate here to the caminata. 

The Mobilization began on Wednesday, May 14th in the morning, leaving from the community of Zambrano.  Arrival in Tegucigalpa is planned for Thursday the 15th and we call for participation from the Popular Resistance; FNRP Collectives; Base Organizations of the Social and popular urban movement,  artists, writers, feminists, Youth, Leftist Political Organizations; LGBT Organizations and all the organizations that are in the struggle against the oppressor system and the continuation of the Coup d’E’tat of 2009, organizations in struggle against neoliberal policies, imperialism and the patriarchy.

It is important to count on the solidarity of the citizenry in general, to bring water, basic grains (beans, rice, etc.) fuit, vegetables, mattresses, blankets and medicines for during the march and especially for the indefinite vigil that we will maintain beginning May 15 in the plaza below the National Congress. 

  “Listen People and Join in the Struggle!”

Liberty for Jose Isabel Morales Chabelo Now!

For an Integral Agraria Reform: Raise the Banners of Struggle!

Mining and Hydroelectric Projects: Out of Honduras!

Sovereignty YES! ZEDE or Charter Cities NO!

Justice! Justice! Justice!…Stop Stop the Femicides!

May 14th- Dignity and Sovereignty March

Honduras Dear Colleague letter now with 67 signers! Has your Rep. Signed?

Rep. Shakowsky's Dear Colleague letter on human rights in Honduras now has 67 signers. See the list to see if your Rep. Has signed on yet. Click here to send a letter thanking your Rep for signing on. If you Rep has not signed click HERE to send a letter asking them to sign on by the letter's deadline Wed May 21st.

For a full text of the Letter click Here.

Click HERE to Thank Your Rep or Ask your Rep to sign the Shakowsky Honduras Letter.

56 International Organizations Denounce Human Rights Abuses Against Chavelo Morales

el ingles sigue abajo

56 Organizaciones Internacionales Denuncian Violaciones de DDHH en Contra Chabelo Morales

20 Marzo 2014

John Kerry, Secretario del Estado de EE.UU

Julie Ciccarone, Director de Misiones, USAID Honduras

Amanda Johnson Miller, Oficial de Derechos Humanos, Embajada de EE.UU, Honduras

Juan Orlando Hernandez, Presidente, Honduras

Rigoberto Chang Castillo, El Ministerio de Derechos Humanos, Justicia, Gobernabilidad y

Descentralización, Honduras

Abogado Jorge Alberto Revira Avilés, Magistrado Presidente de la Corte Suprema de Justicia, Honduras

Ramón Antonio Sabillón Pineda, Director de la Policía Nacional de Honduras

Óscar Fernando Chinchilla Banegas, Fiscal General, Honduras

Estimados señores:

La carta adjunta, firmada por 56 organizaciones de derechos humanos y justicia social, tiene por motivo la niega de justicia, otra vez de nuevo, a José Isabel Morales López. Es una denuncia de los procedimientos judiciales de febrero y las acciones de:

• El Fiscal José Reynaldo Canales, del Ministerio Público de Trujillo, Colón, Honduras por su conducta indebida como fiscal y manipulación de la corte.

• Los Jueces del Tribunal de Trujillo y La Ceiba: Carol Jacqueline Ortega, Luis Alberto Juárez, y Ricardo Geovany Rodríguez, todos culpables de conducta judicial indebida durante el transcurso del enjuiciamiento.

• Los Jueces de la Corte de Apelaciones de La Ceiba: Dilia Iracema Guillén, Garin Enoc Urquía y Rubenia Esperanza Galeano, todos los cuales, juntos con los jueces ya nombrados, violaron las órdenes de la Corte Suprema de Justicia de Honduras.

• Finalmente, el Sub Comisionado de la Policía Nacional de Honduras en el departamento de Olancho, Henry Osorto Canales quien cometió el crimen de perjurio en la corte con impunidad además de sus acciones de intimidación, amenazas y abuso de autoridad como miembro de la Policía Nacional.

Como defensores de los derechos humanos, estamos indignados por estos abusos de autoridad de los antemencionados miembros del sistema judicial de Honduras, y el ambiente de impunidad en lo cual ellos han podido operar en violación de los derechos de José Isabel Morales López, un campesino de la región del Aguán en el norte de Honduras y un preso político reconocido por organizaciones de derechos humanos en todo el mundo.

Hacemos un llamado por la libertad inmediata de José Isabel Morales López. Exigimos una

investigación completa de las violaciones de derechos humanos y las irregularidades judiciales en el entorno del enjuiciamiento además de las amenazas y el hostigamiento en contra de la familia y la comunidad. Además exigimos el cese de todo tipo de ayuda militar, policiaca y de seguridad hasta que haya un fin de las violaciones de derechos humanos en Honduras, en particular la ayuda de los Estados Unidos a la Policía Nacional y el financiamiento de USAID al Ministerio Público por razón de los abusos continuos que están siendo cometidos.

56 International Organizations Denounce Human Rights Abuses Against Chavelo Morales

The attached letter, signed by 56 human rights and social justice organizations, is motivated by the denial of justice, once again, to José Isabel Morales Lopez. It is a denunciation of the February judicial proceedings and actions of:

·       The Public Prosecutor, Jose Reynaldo Canales, from the Ministerio Publico in Trujillo, Colon, Honduras who exhibited prosecutorial misconduct and manipulation of the court

·       The Judges of the Tribunal of Trujillo and La Ceiba: Carol Jaqueline Ortega, Luis Alberto Juárez, and Ricardo Geovany Rodríguez, all of whom exhibited judicial misconduct during the course of a trial

·       The Judges from the Court of Appeals in La Ceiba: Dilia Iracema Guillén, Garin Enoc Urquía y Rubenia Esperanza Galeano, all of whom, together with the above named judges, violated orders from the Supreme Court of Honduras

·       And finally, the Sub-Commissioner of the National Police in the Department of Olancho, Henry Osorto Canales who perjured himself in court with impunity as well as having a history of intimidation, threats and abuse of authority as a member of the National Police.

As human rights defenders, we are outraged by these abuses of authority of the aforementioned members of the justice system of Honduras, and the environment of impunity in which they are able to operate in violating the rights of Jose Isabel Morales Lopez, a peasant farmer from the Aguán region of Northern Honduras and a recognized political prisoner by Human Rights organizations around the world.

We call for the immediate liberty of José Isabel Morales Lopez. We demand a full investigation into the human rights violations and judicial irregularities surrounding the trial as well as the threats and intimidation against the family and community. We further demand that all police, military and security aid be cut until human rights violations end, specifically the continued aid by the United States to the National Police and USAID funding to the Ministerio Publico given the ongoing abuses being perpetrated.

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