Concern over human rights abuses

Widespread unrest has taken place in the country since the coup, with frequent clashes between the military and civilian protestors, including on 5 July 2009 outside the Tegucigalpa airport. OMCT has received reliable information of serious human rights abuses committed by security forces, including excessive use of force against protesters and arbitrary arrests. At least one person was reportedly killed during the events on 5 July, the circumstances of which need to be seriously investigated.

OMCT urges the security forces to respect human rights and ensure that force is only used when strictly necessary and to the extent required for the performance of their duty, in accordance with national law and international standards including the Basic Principles on the Use of Force and Firearms and the Code of Conduct for Law Enforcement Officials. In particular, the use of force may only be applied as a means of last resort for a legitimate purpose in a democratic society. At no time may exceptional circumstances, such as internal political instability, be invoked to justify any departure from these basic legal principles.

OMCT is all the more concerned about this situation since the Honduran Congress has approved an emergency decree suspending fundamental rights, such as the freedom of movement and the freedoms of expression, assembly and association. The emergency decree also allows for incommunicado detention for more than 24 hours.

The Honduran authorities are legally bound to effectively ensure the physical and psychological integrity of all persons deprived of their liberty in accordance with international and regional human rights law, and in particular the American Convention on Human Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights.

OMCT calls on the competent authorities to order the immediate release of all individuals detained in the aftermath of the military coup in the absence of valid legal charges consistent with international legal standards, or if such charges exist, bring the individuals concerned before an impartial, independent, and competent tribunal that will guarantee their full procedural rights at every stage of the proceedings, including a fair and public hearing in the determination of any criminal charge against them.

Furthermore, in accordance with national and international legal standards, the competent authorities must also carry out prompt, effective, thorough, independent and impartial investigations into alleged or suspected human rights violations, including the excessive use of force by police for purposes of prosecuting and trying the suspected perpetrators and apply adequate penal and administrative sanctions.

In this context, OMCT is also deeply concerned for the safety of human rights defenders in Honduras, who are fighting for democracy and the respect for the rule of law, and who currently face additional harassment because of their activities. OMCT urges the authorities to guarantee in all circumstances the physical and psychological integrity of all Honduran human rights defenders and to stop any kind of harassment against them, in conformity with the United Nations Declaration on Human Rights Defenders, the Universal Declaration of Human Rights as well as international human rights instruments ratified by Honduras.

Finally, in line with previous statements made by regional and international organisations, OMCT denounces the military coup d’état in Honduras and calls for full respect for the rule of law and democratic principles in the country.

Contact:
Alexandra Kossin, Tel. +41 22 809 49 39