Questioning the State Department: Human Rights "Progress" in Honduras?

UC Santa Cruz historian Dana Frank, in an editorial in the Los Angeles Times, strongly criticizes the US State Department for its recent affirmation that Honduras is making sufficient progress in correcting human rights abuses to allow disbursal of foreign aid funds sequestered by congressional mandate.


This finding recently received publicity, ironically, because of one small exception: the admission by the State Department that Porfirio Lobo Sosa's hand-picked police chief, Juan Carlos Bonilla Valladares, has a suspect history. As Frank writes:

the State Department did announce that it was withholding all U.S. funds to Juan Carlos (El Tigre) Bonilla, the national chief of police, or anyone under his direct supervision, until an investigation of his alleged death squad activity has concluded.

You would think that the fact that the president of Honduras appointed, and continues to support, someone with such a tainted history during a period when in theory the government is committed to clearing up corruption in the police would have raised questions about the Lobo Sosa administration, not just Bonilla. But apparently not: the vast majority of US funding that was subject to withholding has now been approved for release.

Why? Frank, in her final paragraph, reaches the same conclusion as most other observers of the situation; the US administration

is obsessed with an unwinnable, militarized drug war in Latin America, and as result appears to be willing to back almost any government that will allow it to expand its military presence in the region.

Frank cites the almost unbelievable numbers that have been tallied since 2009, when Honduran rule of law was disrupted by a coup, boundaries between military and policing began to be blurred, and the security forces were unleashed by the government to silence dissent:

• 10,000 human rights complaints against security forces
• 23 journalists killed
• multiple reports by international human rights groups about repeated abuses of due process, denial of constitutional rights, and violation of human rights.

Want to read more details? Start with the links provided by the UNHCR. Or those maintained by Reporters Without Borders.

Too internationalist for you? Then visit the website of Freedom House, generally considered a centrist organization. In a report dated July 4, 2012, Freedom House writes that in the past year,

Honduras continued to suffer from human rights violations, impunity, and corruption.

But none of this convinced the State Department to use the leverage provided by Congressional direction to withhold a small percentage of funding--"20% of a portion of U.S. police and military aid", to quote Frank-- to try to move the Honduran government away from its current posture.

What is that posture?

In June, Maria Antonieta Guillen represented the Honduran government in testimony to the UN.  She argued that the government had to walk a "fine line" to "avoid delinquency by minors" while "preserving the integrity of the diverse centers of rehabilitation". Deadly prison fires over the past year have exposed the reality: overcrowding, large numbers detained without charges, and the criminalization of practices of the young. As sociologist Leticia Salomon wrote, these fires are "evidence of the collapse of the system".

Guillen argued that, since human life is the fundamental human right, policing cannot be said to violate human rights, because it is the prevention of violent crime. Whenever accusations of human rights violations are raised, the Honduran government's response is either that the crimes were private (explaining away the systematic and unprecedented increases in crimes against activists and journalists); or that the security forces were acting to combat crime. These justifications betray a fundamental difference in how the Honduran government understands the role of security forces and the status of human rights.

It would be one thing for the State Department to admit that Honduras has not improved its record, and make a case-- however it might want-- that US national security interests outweigh this failure. That at least would not involve giving a blessing to a regime uninterested in improving actual human rights, and incompetent to do so in any event.

What is tragic is that, by certifying progress that no one else sees, the US State Department is lending support to assertions about what is needed for social order in Honduras that are directly at odds with values the US espouses.

Progress Report on Police Anti-Corruption Reviews

The Dirección de Investigación y Evaluación de la Carrera Policial (DIECP) has reportedly issued a press release stating that the 24  police officers of all ranks who have not submitted to the proof of confidence testing required by the DIECP will probably be fired.

The DIECP reported that none of the 24 had provided a reason for not showing up for their scheduled appointment. The DIECP press release points out that this is disobedience of a superior's order, punishable with dismissal according to the police charter.

The files on these 24 police officers will be turned over to the police chief, Juan Carlos Bonilla, for disposition.

Proceso Digital reports that the DIECP has attempted to review 169 police officials, most of them members of the highest levels of command.  Of these, 145 have submitted to the exam, and 24 refused.  That is a rate of resistance to the campaign to excise corruption of about 14%.

The DIECP has not released the results of the confidence test on any of the 145 who have taken it so far, so the actual proportion of police officers who do not meet the requirements is not (yet) known.

The DIECP hopes to have conducted over 400 confidence tests by the end of 2012, and over 5000 in the next three years. 

War of Words Between Police Chiefs

Late yesterday Juan Carlos Bonilla, the police chief, revealed on Honduran TV that the police were linked both to the 2009 murder of General Julian Aristides Gonzalez and the 2011 murder of Alfredo Landaverde.

The former police chief, Ricardo Ramirez del Cid, seems to have taken that as a personal attack.   Ramirez del Cid told a local radio program:

If anyone has evidence against me they should present it but not send me subliminal messages in the media trying to blemish the image of retired officials, attacking from the inside will not resolve anything.

Del Cid also said:

He left us guessing; he didn't mention anyone's name but he left us guessing.  That's not good because the same thing could happen to him (Bonilla) tomorrow.

He went on to complain that Bonilla knows that there are many police stations in such precarious conditions that they could not possibly be used to commit crimes!

Ramirez del Cid seems to have been referring to finances when he said "precarious conditions".  The only way I can make sense of this statement is as a reference to the motorcycle used to kill General Gonzalez, which Bonilla said left from, and returned to, a Tegucigalpa police station. The implication seems to be, hey, our motorcycles wouldn't be in good enough condition for a drive-by shooting.

Ramirez del Cid also denied that any acts of police corruption occurred during his six months as police chief.

We will simply point to the killing of Julieta Castellanos's son, which happened during Del Cid's time as police chief. It was his handling of the event for which he was ultimately fired. Thw implicated police officers were allowed to escape. This was the case that led to police corruption becoming a focus in Honduras.

There is nothing in Bonilla's comments that we can see to lead Ramirez del Cid to take then as a personal attack.

It may be a guilty conscience.

Ramirez del Cid is one of 11 high ranking police who failed to show up for their appointment for the process being employed to identify sources of corruption in the Honduran police. The group not complying with the law includes pretty much everyone in the police command before Bonilla was appointed. Ramirez del Cid was the man in charge.

Del Cid is still an active duty police officer despite having no duties.  He still receives a salary, and therefore must submit to the tests under the law passed by Congress. The process he is ducking involves drug tests, psychological tests, financial investigation, and answering standardized questions while connected to a lie detector. 

Instead, he says he's asked to retire. But that isn't stopping him from launching a war of words with his successor.

Police Suspected in Key Murders

Late yesterday Juan Carlos Bonilla, the Police Chief in Honduras, told the press that police were suspected in the killing of Alfredo Landaverde, an advisor to then Security Minister Oscar Alvarez.

La Tribuna quotes Bonilla:

I am saying that the suspects indicate that members of the National Police participated in these cases.

But that's not all. 

Bonilla also admitted that the police were suspected in the killing of the head of the anti-drug program in Honduras, Julian Aristides Gonzalez. 

Bonilla reportedly told the TV program Frente a Frente

The only thing I want to say to you is that there are suspects who have some connection with the police in this case, and that will be demonstrated in its time because we are checking the information and if there isn't a direct or indirect connection with the case, it will be discarded, but now there are suspects (police) that are linked by omission and if the investigation turns out that way we will proceed.

La Tribuna goes on to report that the motorcycle used in the Gonzalez killing left from and returned to the main police station in Tegucigalpa.

Julian Aristides Gonzalez, then Anti-Drug advisor to the Public Prosecutor, was murdered by armed men on a motorcycle in Tegucigalpa in 2009. 

Afredo Landaverde was a senior advisor to then Security Minister Oscar Alvarez when he was murdered by men on motorcycles in December, 2011, also in Tegucigalpa.

Police Kill Four in La Ceiba

Eight police officers in La Ceiba have been suspended after witnesses reportedly saw some of those suspended officers arresting four young people who were found dead the next morning.

And these are not just ordinary cops-on-the-beat. They are members of one of the special units that have been organized to combat specific crimes.

The suspended officers are members of the local Grupo Especial Anti-Secuestro (Special Anti-Kidnapping Group) or GEAS.  Also suspended was the police commander in La Ceiba, Marco Tulio Cruz Aguilar.

The four youths were asphixiated by tying plastic bags around their heads, with their hands bound behind their back.  Their bodies were  then thrown into a stream.  The autopsy report indicates they were tortured before they were killed.

This is not the first time GEAS has been involved in controversy.  

GEAS was modeled after the Colombian Army's Anti-Kidnapping unit, GAULA, and its members were trained by elements of the Colombian Army.  Shortly after a GEAS/GAULA operation to free Porfirio Lobo Sosa's cousin from his kidnappers last November, six bodies were found in the same area.  Everyone agreed they were the kidnappers, but the police said it was a coincidence that they turned up dead.

Nor is this the first accusation against the La Ceiba GEAS group in particular. 

Last November, an officer who was part of the La Ceiba GEAS unit was captured by San Pedro police while he was attempting to kidnap a San Pedro businessman.

The prosecutor's office has opened an investigation of the latest incident.

Police commander Juan Carlos Bonilla says the suspensions are so that these officers don't get in the way of the investigation.

Luis Rubi: Police Cleanup Law Unconstitutional

We have often found ourselves critical of Luis Rubí and the Public Prosecutor's office. But we do agree with his latest finding: the law under which the Honduran police are being purged appears to violate the due process guaranteed by the Honduran constitution.

Here's the story: In late June of this year, 375 police officers filed an appeal of the May, 2012 law which Congress passed to clean up the National Police.

The law, decreto 89-2012 [note correction], created the Comisión de Reforma de la Seguridad Pública (Commission for the Reform of Public Security) with broad powers.

It also eliminated Articles 114, 127, 128, 129, 130, 131 y 132 of the Ley Organica, the police charter.  These were the articles that spelled out  due process procedures for firing a police officer of any rank. 

The Sala Constitucional, the five justices of the Honduran Supreme Court that hear constitutional cases, solicits an opinion from the Public Prosecutor about any law subject to challenge.  Luis Rubí filed his opinion, finding the new law unconstitutional. He argued that it denies due process rights to the accused police officers; implicitly presumes officers under investigation guilty; and demands that they prove their innocence.

Rubí said:

There is no doubt that the decreto 89-2012 weakens the rule of law by openly contravening the constitutional disposition and the international order to protect human rights.

The presumption of innocence and the right to due process are guaranteed by the Honduran constitution.

This opinion really should come as no surprise to anyone in Honduras.  Back in February, the Association of Magistrates and Justices of Honduras issued a press release reporting their opinion that the law was unconstitutional, because it suspended basic, constitutionally guaranteed, rights.

The day the law was approved the Public Prosecutor's office said they would begin a review of the law to determine if it violated the constitutional rights of police officers.  Previous attempts to clean up the police had failed for precisely this reason.

Nonetheless, Julieta Castellanos, the Rector of the National Autonomous University, criticized Rubí:

The Public Prosecutor will do harm by opposing a cleanup of the police and I think that there will be sufficient power in society to be able to succeed in the fight that we are all interested to put in order.

Castellanos suggested that Rubí is opposed to cleaning up the police because the same law covers his office as well.

What she doesn't do is provide a counter-argument to his finding, echoing that of the Association of Magistrates and Justices, that the new law violates guarantees of due process.

The Sala Constitucional has not ruled on the case, and the opinion submitted by the Public Prosecutor is not binding on the court, so for now, the process of purifying the police will continue.

Honduran Media Emphasize Role of DEA in Miskitu Killings

A story credited to the Spanish news agency EFE, published in Honduras by the news website Proceso Digital late on August 14, raises again the question of the degree of involvement of US Drug Enforcement Agents in the deaths of Honduran indigenous civilians in early May near Ahuas, a community in the Honduran Mosquitia.

Headlined "The DEA had a 'central role' [in the] anti-drug operation in Honduras that left 4 dead", the news story cites a 60 page report by the Center for Economic and Policy Research and Rights Action, dated August 15.

Proceso Digital summarizes the report as

underlining that the DEA agents took a "significant role" and not simply a support role as the US State Department argued; that the US has not sufficiently assisted in the investigation".

What is at issue, Proceso Digital makes clear, is that a full investigation of the events in May cannot take place without more active US participation, for example, making available surveillance video and providing access to the guns in the US helicopter for ballistics.

The CEPR report painstakingly pieces together news reports and official statements, reviews what has been described of the content of the as-yet restricted surveillance video that has been reported on by the New York Times, and-- most important-- assembles the testimony of the surviving passengers in the boat that was attacked under the claim it was engaged in drug trafficking.

The CEPR notes that "most witnesses report never having been interviewed by investigators."

The CEPR describes the journey of Hilda Lezama's boat, loaded with passengers and cargo. It provides the names of the passengers traveling that day, where they were coming from, and when they joined the trip.

It draws a clear picture of a commercial boat caught up in a military operation.

Approaching the final landing around 2:30 AM, the pilot passed a drifting, unmanned boat. Shortly after, the commercial boat was fired on by helicopters that had already been heard by some passengers:

Candelaria Trapp called her sister Geraldina Trapp shortly after 2:00 a.m. stating that she was almost at Paptalaya because she saw the town’s cell phone towers, but she expressed anxiety about four helicopters flying low over the boat. Geraldina reported hearing the noise of the helicopters over the phone.

While matter-of-fact, the report includes poignant detail on the experiences of the families traveling together, many of whom were shot or had family members killed-- including two pregnant women:

Bera, who remained on the boat longer than most of the others, says that the helicopter shined a light on the boat only after having opened fire and that she believed that they may have stopped shooting because only after they had projected their search light could they then clearly see that she was a woman with two young children. The helicopter flew away but circled around, and at this point Bera’s 11 year-old child jumped into the water. Bera grabbed her 2 year-old child and followed. She felt that she was on the verge of drowning, but managed to grab onto brush along the edge of the river and pull herself and her child onto the shore. She stayed hidden among the brush until after dawn when the helicopters had left and she heard people searching the river.

The CEPR report emphasizes what the US and Honduras should do now, including calling for a cut off in US funding for similar operations under the Leahy act.

This isn't what the Honduran media source found most worthy of highlighting. Instead, it emphasizes the "central role" of the DEA in the incident.

For many Hondurans, the attempt to disclaim the deep level of involvement of US forces in the country, and especially in drug operations, is the most significant aspect of reaction to the Ahuas killings.

US diplomats may focus on establishing that no DEA agent fired a gun-- a claim disputed in this report-- but in Honduras, the key issue is that this operation would not have taken place without the funding, equipment, training, and leadership of the DEA.

[edited 1:09 PDT 8/15/12 to reflect co-sponsorship and clarify who has seen the surveillance videotape]