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threats. A security guard fired a gun against a car in which the witness was traveling
and injured her, allegedly because he was following a thief.
On the day of the arrest of Mr. Alfredo López Álvarez, she went to his home and saw
that the top of his car had been opened and its tires had been punctured, the tool shed
and the house were open, there were damages to the floors, mattresses, furniture, and
the ceiling. When she was in the house, she saw people leaving with some documents.
Later, along with Mrs. Teresa Reyes Reyes, they started searching for Mr. Alfredo
López Álvarez, whom they found hours later in the Office of the Public Prosecutor
arrested and apparently beaten, because his hands were swollen.
b) Alfredo López Álvarez, alleged victim
At the time of his arrest he held the position of Coordinator of the Committee for the
Defense of the Lands of Triunfo de la Cruz (CODETT), treasurer of the Confederation of
Indigenous People and Vice-President of OFRANEH. On April 26, 1994 he was
intercepted by members of the Security of Tela and taken to the department of military
investigation to be investigated for drug possession and for problems with the lands.
He mentioned that on April 27, 1997 he left for Tela with a mechanic, who could not fix
the vehicle he used for the community’s activities. Upon their arrival at the town, when
they were going to get out of the vehicle, armed groups surrounded the automobile;
they took out the mechanic and the witness and threw them on the ground face down,
putting their feet on their head and backs. The agents of the Office of Criminal
Investigation of Tela handcuffed them, without presenting an arrest warrant, and took
them to the offices of the DIC. There they were submitted to a detailed physical
inspection, to which a police agent assigned another prisoner who was detained, and
he was later questioned and coerced into acknowledging as his the two packages
presented to him. He needed them to “loosen the shackles because his wrists were
trapped, they were bleeding.” They did not let him communicate with his lawyer or
next of kin. He gave his preliminary examination statement in the presence of the
secretary of the Sectional Court of First Instance of Tela, after being held for 24 hours;
five days later he signed a power of attorney for the attorney Víctor Manuel Vargas
Navarro.
The arrest conditions in the Criminal Center of Tela were degrading. In a room
designed to hold 40 people there were 300 prisoners, either convicted or assigned to
preventive detention, and there was no medical attention. He was initially allowed to
speak his mother tongue in this criminal center, with some limitations, but at the end it
was totally forbidden.
As a result of the claims made against the director of the penitentiary center the
Committee for the Defense of the Inmates (hereinafter “CODIN”) was formed; Mr.
López Alvarez was elected Vice-President of that Committee. Due to his participation in
this organization he was transferred to the National Penitentiary of Támara, without
any warning. In the new criminal center the situation got worse. The long distance
from his next of kin made it impossible for them to visit him, there was no medical
assistance, the area of the cell was smaller and it did not have latrines.
During his detention, the Garifuna community remained in a vulnerable state. Several
projects were lost, including the installation of a public library and the construction of a
training and literacy center for the elderly. Even after being released, his next of kin,
his community, and he himself have been harassed.
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