A/HRC/13/66
police to arrest a person without a warrant if caught in the act or immediately after
committing an offence, was generally used for detaining people who participated in
demonstrations, without any evidence of being associated with the commission of a crime.
In addition, on the basis of decree 011-2009 hundreds of people were arrested for breaking
curfew provisions. The curfew schedule was frequently modified and changes were
announced only in the media; under these circumstances, it was often difficult to know
whether and when the curfew was in force. The questionable legality of the emergency
provisions and non-compliance with the principles of necessity and legitimacy rendered
those arrests illegal and/or arbitrary. In addition, the number of arrests showed a deliberate
attempt to intimidate and suppress expressions of support for President Zelaya.
36.
Some individuals were held in unofficial detention sites, with no separation of
women and children from men. On 22 September, a day after President Zelaya returned to
the country, 129 people, including 8 women and 8 children, were arrested for participating
in demonstrations in his support, and taken to the Chochi Sosa baseball stadium, where they
were kept for periods of between four and six hours.
37.
Forensic doctors visited people who had been severely beaten hours after their
detention. On several occasions, it was the medical personnel accompanying the FNRG, or
NGOs, rather than the competent authorities, who provided care to injured detainees.
38.
The common crimes unit of the Fiscalía initiated proceedings against 89 people
arrested by the police and/or the army.15 About two-thirds of them were charged with the
crime of sedition and a few others with “illicit assembly”. Other charges were dismissed
due to lack of evidence. Nevertheless, these charges appear either groundless, or at best
inconsistent or disproportionate, considering that protest rallies were generally non-violent
and no information seems to have emerged about — nor have there been any proceedings
against — demonstrators carrying weapons or explosives, with the sole exception of a
person accused of possessing a “Molotov cocktail bomb”. On 30 September, 52 peasants,
including 8 women, who had peacefully occupied the National Agrarian Institute building
in Tegucigalpa, were arrested and indicted for sedition, after they had peacefully left the
premises.
39.
The police and military forces arrested a large number of foreigners, mostly
nationals of countries who supported the reinstatement of President Zelaya, such as
Nicaragua and the Bolivarian Republic of Venezuela, reportedly on national security
grounds.16 Many of them were expelled from the country and others were subject to fines
and/or were victims of ill-treatment, such as insults and deprivation of basic necessities,
including food and water.
40.
Despite what appears to be a systematic violation of the right to liberty, the
institutional response has been insufficient. The special prosecutor for human rights stated
that only 13 investigations had been initiated and that only four police agents had been
formally charged in connection with arbitrary deprivation of liberty. In addition, the
Fiscalía initiated proceedings against two local police commanders for the illegal detention
of seven men and four women on 31 July in Santa Rosa of Copán. Charges were later
dismissed.
15
16
10
However, the mission collected other official documents which confirm that these figures are
incomplete while NGOs reported that proceedings had been initiated against 100 individuals
(COFADEH report, see footnote 10 above).
The National Migration Department stated that between 28 June and 30 July, 124 foreigners were
arrested, 76 of whom were Nicaraguan.
GE.10-11700
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