The Process

La Tribuna

Editorial keynote in the news program Abriendo Brecha–

To all Hondurans, because we are immersed in the miseries of sectarian politics, we let great moments slip by that have change the course of the world and have provoked massive changes in societies which eventually have shaped the framework of the law. Today in Honduras, we are living a time of changes that many don’t even bother to acknowledge even if such is happening right before their eyes because their obstinacy wouldn’t allow it or because they pretend to be blind or nearsighted.

The era of constitutionalism was at its peak eight centuries ago when King John I of England signed the Magna Charta, a document that meant a qualitative leap in the evolution of fundamental rights, when people ceased to be considered subjects in order to become citizens. At that time, the first Magna Carta known as the first modern constitution, gave rise to the legal process where crimes must be proven in strict adherence to the law prior depriving citizens of their freedom. This was a great step for humanity in the history of law because prior the Magna Carta times all the procedures, laws, and judges were subject to the whims of a king and the arbitrariness of power.

History records many cases of constitutional texts that were created, but seen as straitjackets because rulers were blinded by ambition of power or the temptation of not wanting to abide by the law. In Honduras, these are times when everyone is talking about fighting corruption and the government is so readily set to end corruption and impunity.

Hondurans demand that all who have been proven corrupt must be sent to jail immediately, a yearning which should be correctly interpreted due to long years in which we have seen a never ending sequence of corruption that not only refuses to stop, but also advances at a gigantic rate without any possibility of being stopped. Neither the government nor the judicial system shows its will to prosecute any kind of act of corruption, its masterminds or accomplices in order to stop corruption and end this state of impunity. But, we must remind our fellow citizens that as Honduras is a law abiding state, ruled by our Magna Carta known to us as the Constitution of the Republic, all of these acts of corruption must be vented within the framework of the due process. That is to say, that each person who has been legally subpoenaed for acts of corruption, should also be subjected to all legal processes before competent courts of law, so that through the corresponding ruling be proven guilty beyond the shadow of reasonable doubt and within the strict framework of the law.

It is not possible, as the layman might think, to just literally grab any person who has been accused and dispatch them to jail with no due process. That would be possible only in governments of authoritarian rule, such as Cuba, Venezuela, and the former Soviet Union. In Honduras, the accused must be submitted to due process before freedom is revoked, when this does not happen, the authorities have abused their power and become exposed to litigious actions from the accused.

The first amendment to the Constitution of the United States  was made in 1789 in order to defend freedom of expression, freedom of thought, so that citizens would be able to defend themselves against incorrect government actions.

All good Hondurans support the fight against corruption, but this is a race that cannot be won through arbitrary actions, because this would only lead us from a democracy to an authoritarian rule. Abuse of power by our authorities also falls in the realm of corruption, because only the corrupt dare jump the hurdles placed by the law.

Our people must acknowledge this last point, because it is not an issue of accusing somebody of corruption and sending that person to jail, even an allegedly corrupt person has the right to due process under the reign of the law before their freedom can be revoked.

It is good to know the history behind the first magna carta written in England 800 years ago, which is where modern constitutional law comes from. Today, in this current fight against corruption, Hondurans must know that any case of corruption brought under the law, must give the accused the right to a fair and impartial trial, especially avoiding any political agendas, in which the accused is presumed innocent until proven guilty. And as we have said before, swift application of justice is what we desire.

The contract with IHSS is “clean”, assures DIMESA

Diario El Tiempo

DIMESA has opened its doors to any investigation that the District Attorney’s office might want to perform, as they state that the contract through which they were able to supply the Instituto Hondureño de Seguridad Social (IHSS) is clear and transparent, having won it through a competitive international bidding process. This was stated by DIMESA’s executives.

These statements were made after the Unit of Support for the Public Ministry, sequestered yesterday, documents pertaining to an agreement between DIMESA and Social Security, whose worth is over US$118 million, approximately L.2,500 million.

DIMESA’s project manager, Mauricio Bueso, stated that the Public Ministry is well within its rights to investigate, “We are clear that our contract is clean, it was done through a competitive international bidding process and they have required documents which we have provided.”

“I am not aware of the irregularities that (the Public Ministry) are referring to, in our case, we have worked through a competitive international bidding process, a transparent process, we have a contract signed by IHSS and we have been fully complying with it,” he reiterated.

Bueso said that the contract is one for supplying medical equipment, maintenance, repairs, parts, accessories, and financing during seven years.

“We are not afraid that the District Attorney’s office be present, because we are sure that our accounts with that institution are clear and we have not had any problems,” Bueso stated.

On his part, DIMESA’s legal counsel, Tito Hernández, said that even though they were not expecting this, “since we have been notified in a file which contains the alleged claim of over pricing equipment, and we had requested the Public Ministry that due diligence be required of us, which did not occur.”

La Tribuna

23 de julio de 2015
Tegucigalpa, Honduras

 Dimesa Statement

DIMESA informs that the Francisco Morazán Criminal Court determined that its representatives, Schucry Kafie and Juan Alberto Madrid, will defend themselves without incarceration due to precautionary measures.

To the Honduran people we inform of the following:

1.- Bail was set at an amount considered excessively high. However, we will perform the necessary actions in order to present said bail, as one more token that our clients always act within the law and as such should be able to enjoy their right to defend themselves without incarceration.

2.- In the majority of known cases in Honduras that are related to alleged embezzlement, the law has allowed that the accused be able to defend themselves in liberty, as long as enough evidence is presented to prove they are not flight risks, all of which was duly proven unto the Penal Court.

3.- We have all the supporting evidence to prove that any and all of the actions regarding the contract between DIMESA and the National Institute for National Security (IHSS) have always been in strict compliance of the law and in aid of the health of the Honduran people. This contract was approved by all legal and government instances which further proves the transparency of the process of international public contest under which said contract took place.

4.- We would like to state for the record that DIMESA complied with its contractual obligations with IHSS maintaining 100% of the biomedical equipment until the cancelation of the contract in January 31 of this year.

We trust that this will be the start of an impartial process that will prove the innocence of our clients and of their business. We reiterate our commitment to help contribute to a transparent and legal process that will guarantee due process and that will focus on the facts and the truth.