In a State of Siege Honduras live disguised Kenya Oliva
Mario CASASUS / El Clarín Chile
Oaxaca, México.- Kenia Oliva Attorney Attorney's Human Rights Committee of Relatives of the Disappeared in Honduras (COFADEH), agrees to answer questions Clarín.cl from Tegucigalpa in the II Report "Faces and Figures of Repression "during the Micheletti dictatorship.
To intimidation of the dictatorship of trying to cancel the Legal Personality of COFADEH, its coordinator, Bertha Oliva will be presented at the Inter-American Commission on Human Rights of the OAS; Meanwhile, the two lawyers of COFAEDH (Kenia Oliva and Karol Cárdenas) continue with their invaluable advocacy of human rights in Honduras since the scene of a siege in disguise.
Degree in Criminal Justice and a candidate for Master in Human Rights Education, Kenya Oliva refutes the new provision of the dictatorship: "It is totally unconstitutional, and says that law in the coup claiming to be based -Law Police and Citizen Coexistence Articles 60 to 62-authorizing to go out and express themselves freely manifest politically, the Act authorizes citizens to can do it peacefully, as now does the Resistance; We have searched the Article or banned demonstrations article that said we would have to apply early and there. The Constitution guarantees the right of all Hondurans to demonstrate peacefully, there is a secondary law that can protect the coup, are just making "
How MC.- results in legal terms COFADEH Report Faces and Figures of Repression?
KO.- So far in Tegucigalpa requirements were presented by prosecutors on charges of sedition and illegal demonstrations against 86 people, it seems that the figure is not as high, but what is happening is that occur in groups 24 or 40 people; pretending that there is a political persecution by the Public Ministry, however they are doing mass which is more worrying.
MC.- What would the chart of Lawyers in Resistance ?,
KO.- work in parallel, the Front Bar has its own coordination and tasks, but both institutions personamos us before the Public Ministry of the de facto authorities.
MC.- How many lawyers work COFADEH?
KO.- are two lawyers who work for the COFADEH, Karol Cardenas and I both planned defenses in political trials. I have 4 years in the COFADEH and Karol has 3 years working in COFADEH.
MC.- With so many areas of law, why choose to represent advocacy of human rights COFADEH?
Because KO.- started an education project of human rights and democracy in the forgotten towns of Olancho. Studying law gave me that the problem is not the laws, but the serious procedural errors, and generally serious violations of judicial guarantees occur with the most vulnerable people who lack financial resources, so I thought of working with an NGO where I could help these people to correct procedural errors and injustices.
MC.- What was the burden of work prior to the coup?
KO.- Before the coup, in 2006 when I started to complain to June 27, 2009, are 300 complaints to the public prosecutor for illegal detention and abuse of authority; Workload was big for two lawyers 300 cases was too, now increased the number.
MC.- What is the dynamic filters into the case study COFADEH
KO.- We improvised a little, take all complaints, at first we received an average of 25 per day for the Coordination was difficult to meet case by case, so we all unite when organizing a file: lawyers, press officers team and staff did for receiving complaints. The most serious and urgent cases of persecution of studying the Coordinator; before the coup was a format and procedure within COFADEH, now all work and the help of volunteers and donors from abroad.
MC.- have come to defend political prisoners of the Resistance against the coup?
KO.- We touched since the person is arrested, we have the privilege of the credibility of the people, we talk on the phone or family come before the COFADEH, hence we assume all police stations or police stations, we verify the arrests and we follow that political detainee, sometimes we have managed releases in police stations, have freed people to be beaten or arrested illegally, but when they are arrested for tax demand we follow up to the court, during the time detainees are verified conditions, visit the cells to make sure they are not being beaten, we ask that they check by a coroner, and we monitor the performance of the Prosecutor; was accessible reach the top where the Prosecutor and to tell us a little about how the investigation was leading, but now the cases are presented in a court does not have the opportunity to see the preliminary records, we can not even know the name of the prosecutor who leads research.
-How do MC.- Inventories of cases in the COFADEH?
KO.- coup Before we classified each case by crime, by type of violations, following workload and limited staff we have, we have not classified all folders, move thanks to the people who helped us with the II Report COFADEH Faces and Figures of Repression, but the files are not in the legal area.
MC.- Who defends human rights defenders in Honduras ?, have received some kind of intimidation?
KO.- Advocates are helpless, it is assumed that there are precautionary measures to all defense attorneys and human rights; know if the two lawyers have COFADEH protection, the situation is difficult for us and we are monitored, we have telephone threats, but police chase. The injunction is that the police should be careful, but in my case I suffered persecution for one day by a motorized police, it was obvious that he was not taking care of me, because the Ministry of Security would have to warn me that I was assigned as a patrol protection and it was intimidation.
MC.- visited Washington Bertha Oliva, Coordinator of COFADEH, the Inter-American Commission on Human Rights of the OAS, did you participate in the delegation presented ?, what cases is announced?
We are selecting KO.- emblematic cases of human rights violations of the current dictatorship, but as it is a thematic hearing situation, classify the type of violations by severity; Bertha Oliva would the hearing before the Commission, by the legal area because we were not travel to advocacy in courts, our work is done with the Public Ministry and the Police Commissioners of the country.
MC.- recently criminalized the marches and demonstrations, to the point that one should ask permission from the National Police; attorney, have studied the constitutional legality of the new provision of the Micheletti dictatorship?
KO.- is totally unconstitutional, and says that law in the coup claiming to be based -Law Police and Citizen Coexistence, Articles 60 to 62-authorizing to go out and express themselves freely manifest politically, the Act authorizes the citizenship that can do peacefully, as now does the Resistance; We have searched the Article or banned demonstrations article that said we would have to apply early and there. The Constitution guarantees the right of all Hondurans to demonstrate peacefully, there is a secondary law that can protect the coup, are simply inventing.
MC.- Plan B is a dictatorship with the repeal of Decree of Suspension of Individual Rights?
KO.- In their eagerness to suppress and silence the provision preventing march peacefully invented, not to be a ceo Plan B because they are not thinking about the consequences, they just want to suppress; laws in Honduras are never published, we do not have access to them all citizens, so they want to frighten saying that there is a law that forces you to ask permission to go into the streets.
Which scenario MC.- saw during the 22-day suspension of the decree of Individual Rights?
KO.- was overwhelming, there were so many violations of human rights, many illegal detentions, human rights attorney as I was persecuted because he said during Suspensions Guarantees that no one could move on curfew hours, and were precisely the where there were more hours in detention; really took a chance to take to the streets to do our job.
MC.- Finally, what will be the theme of the workshop will teach you on October 29?
KO.- talk about the situation, the economic, political and legal consequences of the coup, the students of the Master of Human Rights Education we invite experts in each topic to generate discussion among professors of expertise and students of the National Pedagogical University Francisco Morazan, we have confirmed the participation of Dr. Juan Almendares.