13 During the years in which he was imprisoned, he was never personally notified of any judgment nor did he have the opportunity to go before a judge. He states that “during that time he could only see breeches, fire arms, ‘stomps’, and mistreatment of all types”, and that there was “never any presence of a legitimate authority in the act.” c) Teresa Reyes Reyes, partner of the alleged victim The same as her partner, she worked in the defense of the Garifuna territory as secretary and member of the CODETT and OFRANEH. Due to her participation in the defense of the lands, the witness and her partner have been the victims of threats. A commitment order has been issued against her for the alleged misappropriation of a property under dispute. The day on which Mr. Alfredo López Álvarez was arrested, she found him in the Prosecutor’s Office in very bad shape and beaten, and it seemed like he had murdered someone or that he had committed a serious crime; his ankles were all cracked, the handcuffs were very tight and his wrists were swollen and bleeding. The witness found her home completely “violated” and in bad conditions; the neighbors told her that it had been the police. At the beginning of her partner’s imprisonment in the Criminal Center of Tela, she used to take him water and food everyday. When she visited him, the prison guards did not allow them to carry out some of the activities of the Garifuna community, such as speaking their language, and therefore, they could not communicate freely about the community’s work. Later, and especially after his transfer to the National Penitentiary of Támara, it was often difficult for her to visit him; since he was located more than three hours away and her economic situation was precarious. They did not allow them to communicate by phone. While Mr. López Álvarez was detained, the economic situation of the witness was affected, since her economic survival depended on his work. In the six years during which Mr. Alfredo López Álvarez was imprisoned, his next of kin lived in fear. Four more colleagues were arrested in that period of time and his home was settled on several occasions. The mentioned harassment and the arrest of Mr. López Álvarez have traumatized his children. She had to support her family by working with CODETT and OFRANEH, as well as by accepting contributions of her next of kin. She considers that Mr. López Álvarez was arrested in order to separate him from the defense of the lands of the Garifuna community, because he has been the leader that has worked the hardest in their defense and he has belonged to almost all the organizations for the restoration of the community. After being released, Mr. López Álvarez went back to the fight for the lands of Triunfo de la Cruz lands upon the request of the members of the community. Expert Opinions 2) Proposed by the Commission and the representatives a) Milton Danilo Jiménez Puerto, attorney In the case of Mr. Alfredo López Álvarez there was a violation of the guarantees established in treaties and conventions of which Honduras is a part of. The law stated that the accused could only appoint a defense counsel once he had been “inquired”, thus in the investigative stage he did not even have access to a complete knowledge of the charges against him. The accused was not allowed to appear before the judicial