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authority that would be in charge of his case. He should have been informed personally
of some decisions. The Political Constitution of Honduras (hereinafter “the
Constitution”) and the Law on Legal Protection of 1936 (hereinafter “Law on Legal
Protection”), establish that the arrest warrant must be issued in writing, except in
situations of flagrancy. In Mr. López Álvarez’s case there was an investigation prior to
his arrest, of which the police authorities should have informed the Office of the Public
Prosecutor.
There is a clear constitutional stipulation regarding the separation between those being
processed and those convicted. With regard to the imprisonment itself there is no legal
stipulation that restricts a person’s right to express themselves in their mother tongue.
Different bodies of the Office of the Public Prosecutor and of the Office of Criminal
Investigation are in charge of maintaining the chain of custody of a sample of the
substance seized, and its extraction must be made in the presence of a judge, of the
clerk of the court, and of the defendant through his defense counsel. In this case there
was a technical report from which it was concluded that the material analyzed was not
a narcotic or a drug. This should have determined the release of Mr. López Álvarez,
upon the request of the defense counsel or by an act ex officio of the Judge, pursuant
to the stipulations included in the Code of Criminal Procedures of Honduras
(hereinafter “Code of Criminal Procedures”) in force at that time.
The Constitution, in force as of 1982, states the possibility that a person, even having
been submitted to trial, could be released once they have offered enough bail or
guarantee for said purpose. However, the Code of Criminal Procedures in force up to
February 2002 limited this right only to those accused for crimes with a punishment no
greater than 5 years. The Law on the Defendant without Conviction was applied to
people who had not been convicted and that had already served a third of the average
sentence they would be sentenced to if they were found guilty, with certain exceptions
such as drug trafficking crimes, for which Mr. López Álvarez was being processed.
In order to issue a commitment order under the legislation in force in 1997, it was
necessary that two requirements be present: conclusive evidence that the crime was
committed and reasonable evidence of the participation of a person in the same; in the
present case those requirements were not present. There were irregularities, such as
excessive abuse of the reversals by the representative of the Office of the Public
Prosecutor and the admission of evidence that was absolutely irrelevant. With regard
to the appeal of relief presented, the Appellate Court of La Ceiba rejected it; it simply
denied it, which is the same as not having admitted it.
Finally, he considers that the legislation adopted in 2002 implies great advances with
regard to the one in force in 1997, but those processed in accordance with the
previous procedure are not allowed to enjoy the benefits of the measures included in
the new criminal legislation that may substitute the preventive detention.
C) EVIDENCE ASSESSMENT
Assessment of Documentary Evidence
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