November 15, 2004

HONDURAS: POLITICAL PRISONER UPDATE

There is finally some good news for Marcelino and Leonardo Miranda last
week.

This was in no small part due to the international solidarity throughout the
case – protests, actions, letter-writing campaigns – from Canada to
Argentina and around the world. Many thanks to all those who have phoned,
faxed letters, visited Marcelino and Leonardo in jail, denounced the case,
organized solidarity actions, etc.

Please keep it up.

The two brothers, community leaders from Montaña Verde, a remote community
in the department of Lempira, have been targets of an ongoing campaign of
repression, in which the ‘justice’ system has been manipulated in favour of
the powerful landowning family that has its sights set on the communal land
and resources of the Lenca community.

AT LAST, SOME GOOD NEWS

The Supreme Court finally made its decision with regards to the murder case,
for which the court in Gracias, Lempira had sentenced the Miranda brothers
to 25 years in jail, despite the overwhelming lack of evidence and serious
irregularities throughout the process. The decision was not the best
possible outcome (overturning the sentence and freeing the political
prisoners), but it certainly wans’t the worst (ratifying the sentence for a
definitive 25 years) either.

The Supreme Court of Honduras ‘canceled’ the sentence. The case will be
heard over again at the Appeals Court in Santa Rosa de Copan, which had
previously ratified the sentence. This decision sends a strong message
against the actions and manipulations resulting in the negative decisions
made in the Gracias and Santa Rosa courts. Should the Appeals Court ratify
the sentence once again, the defence will still have the opportunity to
appeal to the Supreme Court.

ON-GOING LEGAL BATTLES

The Supreme Court has previously cancelled another sentence related to the
persecution of Montaña Verde community leaders. Leonardo Miranda had been
acquitted of assault and attempt against the State, accusations resulting
from the night of his arrest, January 8, 2003, when he and Marcelino were
repeatedly tortured.

Three police officers were wounded in the military-style attack on the
community. Investigations by the Special Attorney’s Office on Ethnic Groups
revealed that it was likely that the police were wounded in their own
crossfire, as two groups firing round after round of bullets converged on
Leonardo’s house.

Leonardo had been acquitted by the Appeals Court in Santa Rosa de Copan, due
to the total lack of evidence linking him to the charges. However, after
the Supreme Court cancelled the sentence, the court in Santa Rosa then found
him guilty of the charges and sentenced him to 4 years.

Both Marcelino and Leonardo have been sentenced by the court in Gracias to 4
years for battery, in another case of the manipulation of the justice system
with false witnesses. There are also arrest warrants out on four other
community leaders, three of whom are also members of the Indigenous Communal
Council of Montaña Verde, on charges of the same murder as the Miranda
brothers.

In fact, the only case that was immediately shelved without arrest warrants
was that of the charges of torture and abuse of authority against 28 police
agents who participated in the arrest and torture of the Miranda brothers on
January 8-9, 2003.

CONCERN FOR SAFETY AND HEALTH

Life is relatively quiet in the Gracias prison, where Marcelino and Leonardo
are detained, spending their time studying and working on crocheted bags and
hats. However, they have not forgotten the repeated torture nor the
threats, by State agents and others involved in the repression against
Montaña Verde, repression that is far from over.

When Marcelino Miranda was given permission to visit the hospital in
September, he was once again threatened. As he left the prison on foot
towards the hospital, accompanied by a prison guard, they passed another
prisoner accompanied by prison guard Tomas Bautista, who is reportedly
connected to the Calix family behind the persecution against Montaña Verde
community leaders. Upon seeing Marcelino, Tomas Bautista told him ‘oh, you
should have told me you were going, I would have accompanied you,’ while
making menacing gestures with his baton.

At the hospital, Marcelino was given medicine to treat an infection in his
gums. It helped, but the infection persists. He had his top teeth removed
by a dentist in the prison, and there is insufficient medical attention at
the meager jail clinic, where the only medicine they have in stock is
over-the-counter painkillers. Marcelino also suffers from a heart
condition.

Due to the threat from Bautista, Marcelino is afraid to leave the prison,
especially now that the Supreme Court decision has likely angered the
powerful actors behind the threats and legal cases. However, he needs
medical attention that is not available in the prison.

PLEASE SEND MESSAGES OF CONCERN

- demanding that Marcelino and Leonardo Miranda’s safety and well-being be
protected
- asking that Marcelino Miranda receive all necessary medical attention and
medication
- denouncing the recent threat made by prison guard Tomas Bautista
- requesting an immediate, exhaustive and impartial investigation into the
brothers’ arrest and torture January 8-9, 2003, the subsequent threats, the
various legal charges against Montaña Verde community leaders, and the
irregularities throughout the proceedings.

Dr. Oscar Álvarez
Minister of Security
Ministerio de Seguridad Pública
Edificio Poujol, 4o. piso
Blvd. Morazan, Colonia Palmira
Tegucigalpa, Honduras
Fax: 504-220-4352

Dr. Ramón Custodio López
National Human Rights Commissioner, CONADEH
Avenida La Paz, no. 2444, contiguo a Galerías La Paz
Tegucigalpa, Honduras
Fax: 504-232-6894
Email: custodiolopez@conadeh.hn

Copy to: copinhonduras@yahoo.es

and to the Honduran diplomats in your country and yours in theirs –

CANADA:
Canadian Ambassador for Honduras, Robert Richard, Tel: 504-232-4551, Fax:
504-239-7767, Email: tglpa@dfait-maeci.gc.ca

Honduran Embassy in Canada, Tel: 613-233-8900, Fax: 613-232-0193, Email:
embhonca@magma.ca

US:
US Ambassador to Honduras, Larry Palmer, Tel: 504-236-9320, Fax: 237-1792
Honduran Ambassador to the US, Mario M. Canahuati, Tel: 202-966-7702, Fax:
202-966-9751, Email: embassy@hondurasemb.org

***

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