Honduras
02.07.04
Urgent Interventions
Honduras: torture and extra-judicial killings of two youths by police officers
Case HND 020704 / HND 020704.CC
Urgent Appeal / Child Concern
Torture / Extra-judicial killings / Ill-treatment
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Honduras.
Brief description of the situation
The International Secretariat of OMCT has been informed by Casa Alianza, a member of the OMCT network, of the torture and the extra-judicial killings of Marvin Daniel Ortiz, 16 years old, and Juan Manuel Aguilar, 19 years old, by members of the Honduran police.
According to the information received, police officers considered Juan Manuel Aguilar responsible for the theft of two police guns. On 15 June 2004, they entered into Juan Manuel Aguilar’s home without a search warrant and forced his father to reveal the youths’ whereabouts. After having mistreated the boy’s father, the police found the youths at a party in San Pedro Sula.They unlawfully arrested them and, by order of police inspector Oscar Armando Gamez, brought them to a place known as “Rancho El Coco”, violating police procedures.
Another patrol car arrived with police Inspector Roger Javier Matute and three members of the elite military unit known as the "Cobras", who allegedly started torturing the boys. According to the information received, Inspector Gamez went through the victims, because the two stolen guns had been under his responsibility and he had to pay for them out of his salary if they did not turn up.
In the exact site where the teenagers were tortured, it is reported that rifle casings and a handgun, a tear gas grenade launcher and various munitions were found. According to information provided, both teenagers were victims of acts of torture: Marvin Daniel Ortiz was beaten and his hands were cut off. Juan Manuel Aguilar was beaten and, considering the medical examination and his body found with his underwear on his ankles, was allegedly raped. Marvin Daniel died following a haemorrhage due to the amputation of his hands and Juan Manuel was shot.
Judge Neptalí Fuentes decreed a partial dismissal in favour of five of the military suspects and ordered provisional imprisonment for Gamez and Matute. There are seven arrest warrants pending, four of them against Cobras’ members and three more against Preventive Police officers who were involved.
OMCT recognizes the effort of the special Investigation Unit of Murdered Youths of the Honduran police for investigating this case and hopes that those responsible will be tried and punished.
OMCT remains worried about the continuing problem of violence against children in Honduras and expresses its grave concern over this event. OMCT would like to recall Honduras, as a state party, that under article 2 (1) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment “Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction” and that under article 37 (a) of the Convention on the Rights of the Child, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”.
Actions requested
Please write to the authorities in Honduras urging them to:
i. order a thorough and impartial investigation into the circumstances of these killings, in order to bring all those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the family of the victims;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Ministerio de la Presidencia
Mr Luis Cosenza Jimenez
Tel (504)221-4545
Email: lcjimenez@presidencia.gob.hn
Ministerio de Seguridad
Mr: Oscar Alvarez
Tel (504) 220-5547; 220-4323; 220-4324
Email: yudymolina@hotmail.com
Ministerio Publico
Abogado Ovidio Navarro
Tel: (504) 221-3099; 221-5674
Corte Suprema de Justicia
Abogada: Vilma Morales Montalban
Tel: (504) 234-5071; 233- 8089
Email: vmorales@honduger.hn
Permanent mission of the Republic of Honduras
Chemin de Taverney, 13
1218 Grand-Saconnex
Phone: (+41) 22 710 07 60, Fax: (+41) 22 710 07 66
Email: mission.honduras@ties.itu.int
Please also write to the embassies of Honduras in your respective country.
Geneva, 2 July, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Urgent Appeal / Child Concern
Torture / Extra-judicial killings / Ill-treatment
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Honduras.
Brief description of the situation
The International Secretariat of OMCT has been informed by Casa Alianza, a member of the OMCT network, of the torture and the extra-judicial killings of Marvin Daniel Ortiz, 16 years old, and Juan Manuel Aguilar, 19 years old, by members of the Honduran police.
According to the information received, police officers considered Juan Manuel Aguilar responsible for the theft of two police guns. On 15 June 2004, they entered into Juan Manuel Aguilar’s home without a search warrant and forced his father to reveal the youths’ whereabouts. After having mistreated the boy’s father, the police found the youths at a party in San Pedro Sula.They unlawfully arrested them and, by order of police inspector Oscar Armando Gamez, brought them to a place known as “Rancho El Coco”, violating police procedures.
Another patrol car arrived with police Inspector Roger Javier Matute and three members of the elite military unit known as the "Cobras", who allegedly started torturing the boys. According to the information received, Inspector Gamez went through the victims, because the two stolen guns had been under his responsibility and he had to pay for them out of his salary if they did not turn up.
In the exact site where the teenagers were tortured, it is reported that rifle casings and a handgun, a tear gas grenade launcher and various munitions were found. According to information provided, both teenagers were victims of acts of torture: Marvin Daniel Ortiz was beaten and his hands were cut off. Juan Manuel Aguilar was beaten and, considering the medical examination and his body found with his underwear on his ankles, was allegedly raped. Marvin Daniel died following a haemorrhage due to the amputation of his hands and Juan Manuel was shot.
Judge Neptalí Fuentes decreed a partial dismissal in favour of five of the military suspects and ordered provisional imprisonment for Gamez and Matute. There are seven arrest warrants pending, four of them against Cobras’ members and three more against Preventive Police officers who were involved.
OMCT recognizes the effort of the special Investigation Unit of Murdered Youths of the Honduran police for investigating this case and hopes that those responsible will be tried and punished.
OMCT remains worried about the continuing problem of violence against children in Honduras and expresses its grave concern over this event. OMCT would like to recall Honduras, as a state party, that under article 2 (1) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment “Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction” and that under article 37 (a) of the Convention on the Rights of the Child, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”.
Actions requested
Please write to the authorities in Honduras urging them to:
i. order a thorough and impartial investigation into the circumstances of these killings, in order to bring all those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the family of the victims;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Ministerio de la Presidencia
Mr Luis Cosenza Jimenez
Tel (504)221-4545
Email: lcjimenez@presidencia.gob.hn
Ministerio de Seguridad
Mr: Oscar Alvarez
Tel (504) 220-5547; 220-4323; 220-4324
Email: yudymolina@hotmail.com
Ministerio Publico
Abogado Ovidio Navarro
Tel: (504) 221-3099; 221-5674
Corte Suprema de Justicia
Abogada: Vilma Morales Montalban
Tel: (504) 234-5071; 233- 8089
Email: vmorales@honduger.hn
Permanent mission of the Republic of Honduras
Chemin de Taverney, 13
1218 Grand-Saconnex
Phone: (+41) 22 710 07 60, Fax: (+41) 22 710 07 66
Email: mission.honduras@ties.itu.int
Please also write to the embassies of Honduras in your respective country.
Geneva, 2 July, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.