54
the court order in which the full trial is opened the Judge will order, in its case, that the
accused party appoint his defense counsel or that the state do so if it must be
appointed ex officio. If this statement were affirmative, he will immediately proceed to
make the appointment.”
152. It is stated that Mr. López Álvarez did not have the opportunity to offer his
preliminary examination statement in the presence of his defense counsel, with whom
he had communication some days after his arrest. Therefore, he was not guaranteed
the right to have legal counsel pursuant to Article 8(2)(d) of the Convention.
153. On the other hand, it has also been proven that Mr. López Álvarez made several
appointments and substitutions of legal counsel throughout the process (supra para.
54(18)), reason for which this Court does not have sufficient elements of evidence to
determine if the right of the alleged victim to be assisted by legal counsel in the terms
of Article 8(2)(e) of the Convention was violated.
154. This Tribunal considers that the mentioned Articles 229 and 253 of the Code of
Criminal Procedures were incompatible with the parameters of the American
Convention, and it also observes that said internal norms are no longer valid in
Honduras for the processes followed under the current Code of Criminal Procedures.
*
*
*
155. Mr. Alfredo López Álvarez stated in his preliminary examination statement that
“he was strongly coerced [in the Office of Criminal Investigation], through physical and
mental mistreatment, into incriminating [himself...] with the questions that [the state
agents were] making […],” despite which the alleged victim did not accept the charges
(supra para. 54(14)). In consideration of that expressed by Mr. López Álvarez, which
was not debated by the State, and the specifics of the present case, this Court
considers that the alleged victim was subject to said acts with the purpose of
weakening his mental resistance and making him incriminate himself for the fact he
was being charged with, in violation of the stated in Article 8(2)(g) of the Convention.
*
*
*
156. The previous consideration lead the Court to conclude that the State is
responsible for the violation of the rights enshrined in Articles 8(1), 8(2), 8(2)(b),
8(2)(d), and 8(2)(g), and 25(1) of the American Convention, in relation to Article 1(1)
of the same, in detriment of Mr. Alfredo López Álvarez.
XI
VIOLATION OF ARTICLES 13 AND 24 OF THE AMERICAN CONVENTION
IN RELATION WITH ARTICLE 1(1) OF THE SAME
(Freedom of Thought and Expression, Right to Equal Protection
and Obligation to Respect Rights)
157.
Arguments of the Commission:
a)
it did not argue violation of Article 13 of the Convention;
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