"Widespread impunity for human rights violations is provided by the Supreme Court": IACHR
So has the American Commission on Human Rights (IACHR) expressed concern about human rights violations in Honduras, after the visit by the highest authorities of the organization during the period May 15 to 18 2010.
"The widespread impunity for human rights violations is provided by decisions of the Supreme Court (CSJ) that weaken the rule of law."
"Besides the questioned role of the Supreme Court during the coup, which has subsequently decided, on the one hand, to dismiss the military accused of involvement in the coup and on the other, firing judges and magistrates who sought to avoid it through democratic means," said the preliminary report of the IACHR.
May 19, 2010
Tegucigalpa, - The Inter-American Commission on Human Rights (IACHR) visited Honduras from May 15 to 18, 2010, in order to follow up the visit in August 2009 and the Report Honduras: Human Rights and the Coup d'État . The delegation was composed of the President of the IACHR, Felipe Gonzalez, the first vice president, Paulo Sergio Pineiro, the Executive Secretary, Santiago A. Canton; the Special Rapporteur for Freedom of Expression of the IACHR, Catalina Botero, and staff of the Executive Secretary.
The IACHR held meetings with officials from the three branches of government, defenders of human rights, media activists, civil society representatives and members of the Truth and Reconciliation Commission. It also met with representatives of the United Nations system in Honduras and ambassadors of the Monitoring Group of the Stockholm Declaration (16 G). In short time, the Commission shall publish the report on the visit.
After the visit, the Commission expresses its deep concern at the continuing human rights violations in the context of the coup that occurred in Honduras on June 28, 2009.Notwithstanding the progress made for return to democratic institutions, the IACHR and the Special Rapporteur for Freedom of Expression have received information about the murder of several people, including journalists and defenders of human rights.
The IACHR and the Special Rapporteur expressed deep concern at the lack of effective investigations leading to clarification of these events. Notwithstanding the high crime rate in general that exists in Honduras, the IACHR considers that the complaints received may respond to the same pattern of violence that the IACHR reported in the Report Honduras: Human rights and the coup d'état, published on January 20 2010.
The IACHR also received information about threats and harassment which human rights defenders, journalists, social communicators, teachers and members of the Resistance have received. Several teachers have been threatened and harassed for their activity against the coup. They also received information on threats and attacks against journalists to stop them from doing their work.
Since the coup, the Commission has granted precautionary measures to protect the lives and safety of many people who are at risk. During the visit, the IACHR received information indicating that the mechanism of coordination for the implementation of precautionary measures is ineffective. It is essential to provide the Inter-institutional Commission on Human Rights appropriate staff and sufficient resources in order to respond efficiently to protective measures by the IACHR.
Of particular concern are the acts of harassment against judges who participated in activities against the coup. The Commission met with members of the Association of Judges for Democracy, who were dismissed from office by the Supreme Court of Justice (CSJ). Notwithstanding the formal motivations which can be argued by the Supreme Court, the reasons which motivated the process and the final decision are undoubtedly linked to the participation in demonstrations against the coup, or for having expressed their opinion against it.
The inter-american human rights system has repeatedly expressed the central role of the judiciary in the democratic system. It is unacceptable that persons who administer justice who opposed the democratic breakdown, are being charged and dismissed for the defense of democracy. The IACHR makes an urgent call to reverse this situation that is affecting the rule of law.
The Commission could confirm that impunity for human rights violations continued, verified by both the IACHR and the Office of the High Commissioner for Human Rights of the UN, such as those that continue to occur. The Comission was informed that only one person is deprived of liberty for human rights violations, only 12 have been charged and processes do not move, among other things, due to the lack of research by different state bodies, in particular, security forces responsible for conducting investigations.
The widespread impunity for human rights violations is provided by decisions of the Supreme Court which weaken the rule of law. Besides the questioned role of the Supreme Court during the coup, which has decided subsequently, on the one hand, to dismiss the military accused of involvement in the coup and on the other, firing judges and magistrates who sought to avoid it through democratic means.
In connection with the Truth and Reconciliation Commission (TRC) it is important to emphasize the importance that these institutions have had in many passages of the region. The Commission has stated that the right to know the truth about grave human rights violations and the right to know the identity of those involved in them is an obligation that every State part of the American Convention must meet, both in terms to the families of the victims and society in general.
The TRC has taken up its duties only 14 days ago. It is currently in the process of issuing its own rules, work plan and methodology. It is essential that the TRC has resources, manpower and sufficient independence to do their jobs effectively. Furthermore, it is necessary that the in the definition of its rules, work plan and methodology, the investigation of allegations of human rights violations occurred in the context of the coup are included as a central axis of its work .The IACHR will follow closely the work of the TRC.
Notwithstanding any action which would ultimately be made by the TRC, they do not absolve the State of its international obligation to investigate, prosecute and punish through the courts the state agents who have committed human rights violations.
The Commission welcomes the nomination of the Minister advisor on human rights. However, it notes that to date she has not received the resources, mandate and structure that allow to carry out effective work and transformation of the state towards a culture of respect for human rights. sible que la Ministra pueda tener un impacto significativo sobre la vigencia de los derechos humanos. With the current structure, it is virtually impossible for the Minister to have a significant impact on the observance of human rights.
Finally, the IACHR would like to say that the human rights violations particularly affects those sectors of the population historically marginalized and most vulnerable, such as girls and boys, the LGBT community, women and indigenous and Garifuna peoples.
The visit of the IACHR had all necessary facilities to carry out its mission. The Commission expresses its appreciation to the representatives of the State, civil society organizations and international agencies for collaboration and information provided. The Committee recalls that in accordance with the provisions of the American Convention on Human Rights and the Regulations, they should not retaliate in any way against any persons or entities cooperating with the IACHR with information or testimony.
The IACHR is an autonomous principal organ of the Organization of American States (OAS), which derives its mandate from the OAS Charter and the American Convention on Human Rights. The Committee is composed of seven independent members acting in their personal capacity, not representing any country and are elected by the General Assembly of the OAS.
No comments:
Post a Comment