In Honduras a siege disguised live: Kenia Oliva
Mario CASASUS / Clarin Chile
Oaxaca Attorney Kenya México.- Oliva Attorney for Human Rights of the Committee of Relatives of the Disappeared in Honduras (COFADEH), agrees to answer questions Clarín.cl from Tegucigalpa in the II Report "Faces and Repression figures "during the dictatorship of Micheletti.
To intimidation of the dictatorship of trying to cancel the legal personality of COFADEH, its coordinator, Bertha Oliva was presented at the Inter-American Commission on Human Rights of the OAS; Meanwhile, two lawyers of COFAEDH (Kenia Oliva and Karol Cárdenas) will continue with its invaluable advocacy of human rights in Honduras since the scene of a siege in disguise.
Degree in Criminal Law and candidate for Masters in Education for Human Rights, Kenya Oliva refutes the new provision of the dictatorship: "It is totally unconstitutional and says the same law in the coup intended to rely -Law Police and citizen, Articles 60 to 62-, authorizing to go politically manifest and express themselves freely, the Act authorizes citizens to what can be done peacefully, as now does the Resistance; we have sought Article banning demonstrations or article said we would have to apply early and there. The Constitution guarantees the right of all Hondurans to demonstrate peacefully, there is no secondary law that can protect the coup, they are simply inventing "
How MC.- translates into legal terms the Report of COFADEH Faces and Figures of Repression?
KO.- So far in Tegucigalpa requirements have been submitted 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 mass are doing what is most worrying.
MC.- What would the organization of Lawyers ?, Resistencia
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 in COFADEH?
KO.- are two lawyers who work for the COFADEH, Karol Cárdenas and I, both planned defenses in political trials. I have four years in the COFADEH and Karol has three years practicing in COFADEH.
MC.- With so many areas of law, why did you decide to represent advocacy of human rights COFADEH?
Because KO.- started an education project on human rights and democracy in the most forgotten people in the department of Olancho. Studying law gave me that the problem is not the law 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 work load 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; the workload was 300 cases for large two lawyers was too, now he increased the number.
MC.- What is the dynamic and filters into the studio where COFADEH
KO.- We improvised a little, we take all allegations, at first we received an average of 25 per day, for it was difficult to attend Coordinator case by case, and that we all unite when organizing a record: lawyers, press officers equipment and staff made for receiving complaints. The most serious and urgent cases of persecution of studying the Coordinator; before the coup there 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 relatives come before the COFADEH, hence we leave all police stations or police stations, verify the arrests and we follow that political detainee, often we have managed releases in police stations have been freed people being beaten or detained illegally, but when you are arrested for indictment we follow up to the Court, during the time are being held verify the conditions, we visited 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; at first was reachable get where the prosecutor and tell us a bit how I was conducting research, but now the cases presented in a court do not have the opportunity to see the preliminary records, we can not even know the name of the prosecutor handling the investigation.
MC.--How do Inventories of cases in the COFADEH?
KO.- Before the coup we classified each case by crime, by type of violation, because of the workload and the limited staff we have, we have not classified all folders, move thanks to the people who helped us with the II Report of 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.- Proponents are helpless, it is assumed that there are precautionary measures for all advocates and solicitors of human rights; know if the two lawyers of COFADEH have protection, the situation is difficult for us and we are monitored, we have no 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 should warn me that I was assigned a patrol and protection, it was intimidation.
MC.- a visit to Washington of Bertha Oliva, coordinator of COFADEH, the Inter-American Commission on Human Rights of the OAS, did you participate in the delegation presented cases ?, what was announced?
We are selecting KO.- emblematic cases of human rights violations of the current dictatorship, but as it is a thematic hearing, sheet, classify the type of violations by severity; Bertha Oliva have the hearing before the Commission, by the legal area because we were not travel to advocacy in courts, our work is done before the Public Ministry and the police stations of the country.
Recently criminalized MC.- marches and demonstrations, to the point that one must ask permission from the National Police; lawyer, have you studied the constitutional legality of the new provision of the dictatorship of Micheletti?
KO.- is totally unconstitutional and says the same law in the coup intended to rely -Law Police and Citizen Coexistence, Articles 60 to 62-, authorizing to go politically manifest and express themselves freely, the Act authorizes the citizenship so he can do peacefully, as now does the Resistance; we have sought Article banning demonstrations or article said we would have to apply early and there. The Constitution guarantees the right of all Hondurans to demonstrate peacefully, there is no secondary law that can protect the coup, are simply inventing.
MC.- Plan B is a dictatorship before the repeal of the decree of suspension of civil liberties?
KO.- In its effort to suppress and silence that provision preventing marching peacefully were invented, no CEO who is a Plan B because they are not thinking about the consequences, they just want to repress; in Honduras the laws are never published, nor have access to them all citizens, so they want to frighten saying that there is a law that forces you to request permission to take to the streets.
Which scenario MC.- saw during the 22 days of the Decree of suspension of civil liberties?
KO.- was overwhelming, there were so many violations of human rights, many illegal arrests as human rights prosecutor felt persecuted, because he said during Suspensions Guarantees that no one could circulate in the curfew hours, and were precisely the where there were more hours in detention; we risk really take to the streets to do our job.
MC.- Finally, what will be the theme of the workshop that you taught on October 29?
KO.- discuss the country's situation, economic, political and legal consequences of the coup, students in the Master of Education on Human Rights we invite experts in each topic to generate debate among scholars of expertise and students of the National Pedagogical University Francisco Morazan, we have confirmed the participation of Dr. Juan Almendares.