Trial Summary
Eight water defenders – Ever Cedillo, José Cedillo, José Márquez, Kelvin Romero, Porfirio Sorto, Orbin Hernández, Arnol Alemán, and Jeremías Martinez – from the community of Guapinol, a sector known as San Pedro, and surrounding areas in the municipality of Tocoa, department of Colon will stand trial starting today, December 1st on two charges: Unjust detention [of security guard Santos Correa Hernandez] and two counts of aggravated arson. The eight men have been in prison since September 2019.
The charges against the water defenders stem from an incident that occurred on September 7, 2018 and in the context of widespread local protests including a permanent encampment to demand that Honduran mining company, Inversiones Los Pinares supported by U.S. steel company, Nucor Corporation, suspend a mining operation located inside the National Park “Carlos Escaleras.” Local community members began to complain about the operation as they noticed the impact that the operation had on the environmental and also on their community’s water supply and rivers. All eight defenders have been unjustly imprisoned for over two years and the Honduran state has ignored calls for their release, including from the UN Working Group on Arbitrary Detention.
For more information about the case, visit: guapinolresiste.org
Main Points of the Both Days
- The trial of the eight Guapinol water defenders is set to begin on December 1 but the defense attorneys have not had access to all the evidence that the prosecutors plan to present. Before the trial began, several defense lawyers argued that they have not been given copies of the evidence despite the court ordering it and also, need to be given sufficient time to review it. Most of the defense attorneys ask for a suspension of the trial until December 10th and request the following evidence that has not been shared by the Public Prosecutor’s Office:
- The report outlining seizure of a USB containing a video;
- A report of the psychological examination conducted on Inversiones Pinares’s head of security, Santos Correa Hernandez;
- A field report outlining where and how the incident occurred;
- 201 pages of the legal file.
- The Public Prosecutor’s office argues that the USB containing the video is in Tegucigalpa and that providing a copy would violate the chain of custody of the evidence (an absurd excuse) but agrees to give the defense a copy of the USB on December 9th (the same day that the court calls for the trial to begin). Additional missing evidence will be given to defense tomorrow (December 2).
More Details
Names of the eight water defenders
Ever Alexander Cedillo Cruz; José Albelino Cedillo Cantarero; José Daniel Márquez Márquez; Kelvin Alejandro Romero Martínez; Porfirio Sorto Cedillo; Orbin Nahin Hernández; Arnol Javier Alemán; and Jeremías Martínez Díaz.
Charges
Unjust detention (privación injusta de la libertad) of Santos Hernandez Correa and two charges of aggravated arson, one suffered by Inversiones Los Pinares and another by Santos Correa.
Summary
In Honduras, three judges preside over all trials. In this case, magistrates Marvin Arauz Santos, Ricardo Geovanny Duarte and Ricardo Rodriguez Barahona. It seems that this court is rushed to begin the trial despite the Judiciary going on vacation on December 15th.