To the Honduran Government
To the Honduran People and to International Solidarity
The people and organizations that support this communique believe in the necessity for the impartiality of justice and its fulfillment for all human society and for Honduran society in particular. We consider that it is part of our struggle to denounce situations of human rights violations and aggression against the liberty of people and of national organizations. For this reason we are speaking on the case of our compañero José Isabel Morales López of the Campesino Movement of Aguan (MCA), a prisoner for more than three years in the prison of El Porvenir in La Ceiba.
In 2008 as a result of the struggle for land in the zone of Aguan compañero Morales Löpez was detained and accused of ten assassinations, attempted murder, a homicide, aggravated robbery and aggravated arson. Finally he was condemned for a homicide, but to date and despite the fact that the final verdict was given on June 25, 2010, his sentencing has still not occurred. During the court proceeding irregularities were apparent among others the fact that the witnesses against him had contradictions in their stories and changed their testimony from previous versions.
On the other hand the illegality of preventative imprisonment is evident, according to the regulations established by the Penal Process Code, it can only last, at a maximum, for two years;if no sentence has been given in that period of time, imprisonment must be replaced by other measures (medidas cautelares) And, as we have reiterated, the fact that as of this moment no sentence has been given is shameful and alarming.
Based on these circumstances the defense lawyers of compañero Morales López have on three occasions solicited the substituion of preventative imprisonment from the sentencing Tribunal and on three occasions it has been denied. They also filed a habeas corpus to the Constitutional Court (Sala de lo Constitucional) for it to declare the illegality of deprivation of liberty, given that the limits established by the law have already been exceeded. This (habeas corpus) was declared to be without standing seven months after the filing.
During his incarceration he was denied permission to attend the funerals of his daughter and his father, who died at different times. His health during his imprisonment has been damaged by an accident that caused the loss of an eye, and his state of emotional health is gravely affected by the series of events and conditions described above.
Due to all of this and more, we are completely in solidarity with José Isabel Morales López, compañero Chavelo, a fighter for the land for the rights of the Honduran campesinos.
We denounce the Court of Appeals in which the appeals are held, the same appeals that have not been resolved due to one of the appeals having been presented during the trial and it is precisely its lack of resolution that has impeded the sentencing.
We hold the judicial apparatus of the country responsibly for the violations of human rights and the denial of access to justice for José Isabel Morales López.
We demand immediate freedom for José Isabel Morales López
MOVIMIENTO CAMPESINO DEL AGUA, MCA
CONSEJO CÍVICO DE ORGANIZACIONES POPULARES E INDÍGENAS DE HONDURAS, COPINH
ORGANIZACIÓN FRATERNAL NEGRA HONDUREÑA, OFRANEH
COLECTIVO ITALIA-CENTRO AMÉRICA, CICA
EQUIPO DE REFLEXIÓN, INVESTIGACIÓN Y COMUNICACIÓN – COMPAÑÍA DE JESUS, ERIC-SJ
COMITÉ DE FAMILIARES DE DETENIDOS DESAPARECIDOS EN HONDURAS, COFADEH
MOVIMIENTO AMPLIO POR LA DIGNIDAD Y LA JUSTICA, MADJ