Source: El Heraldo

Tegucigalpa, Honduras

The businessman, Shucri Kafie, voluntarily presented himself before justice due to the statements issued regarding the case involving Instituto Hondureño de Seguridad Social (IHSS). As mentioned in Dimesa’s official statement sent to El Heraldo and quoted below: “The businessman, Schucry Kafie, addresses the false accusations against him, rejects any reference against himself or Dimesa, and at the same time confirms his right to, voluntarily and authorized by the court, demonstrate his adherence to the law.”

Schucry  Kafie heads a national business group committed to the country, which has invested in the development of Honduras for over 75 years. Instituto Hondureño de Seguridad Social (IHSS) unilaterally determined the cancellation of the contract held with Dimesa. It should be emphasized that, contrary to what has been reported in some media, this agreement cannot be viewed as a simple quote for the value of the equipment, but as an integral service covering much more than just the provision of equipment. This included, in addition to the financing, maintenance and parts supply, repairs, spare parts and accessories, as well as training sessions.

DIMESA’s technical team at IHSS’s service included 85 health professionals, specialized in biomedicine. There is documentation that support the costs proposed for both the equipment as for services rendered. In 2011, Dimesa signed a contract for comprehensive services with Instituto Hondureño de Seguridad Social (IHSS), through a competitive international bidding process after going through all the legal steps and governmental organizations for approval. The contract lasted 84 months, equivalent to seven years, but the Board of Auditors interrupted such in the 40th month after terminating it on January 31, 2015. From this date forward, DIMESA ceased providing services. This agreement made it possible to care for more than 50,000 additional annual patients, substantially increasing patient care in various medical needs within the IHSS, since the beginning of the contract in 2011.

Today, IHSS owns the most modern biomedical equipment of all the hospitals in Honduras as can be seen by visiting its facilities. The contract included:

• 558 new-tech equipment included MRI’s, CT, X-Rays with fluoroscopy, towers for neurosurgeries, mechanical ventilators, neonatal incubators, towers for endourology, among other new equipment;
• 190 radiation protection accessories;
• immediate repair of the 350 equipment already installed at IHSS;
• Dimesa financed all these equipments and provided the training, preventive and remedial monthly maintenance, supply of unlimited parts, spares, and accessories up to the termination date.
• A team of 85 health professionals (70 biomedical and 15 supervisors) specialized at high level medical care. Dimesa has carried out an orderly transition of responsibilities in which full operation of the equipment and services did not affect the patients.
• Provided maintenance, preventive and corrective, with an unlimited supply of spare parts for all the 908 pieces of equipment that make up the contract.

“We are a 36 year old company in the health industry. Our priority is Honduran people’s health.”

Source: La Prensa

Tegucigalpa, Honduras.

Mr. Shucri Kafie confirmed his voluntary submission to justice due to the accusations against him in the case of Instituto Hondureño de Seguridad Social (IHSS).

In an official statement issued by Dimesa, Kafie rejects the false accusations made against him and Dimesa, which is quoted below:

“Mr. Schucry Kafie, regarding the false accusations against him and his company, rejects any reference to himself or Dimesa and at the same time confirms his right to voluntarily and authorized by the court to demonstrate his adherence to the law.

The Board of Auditors of the Instituto Hondureño de Seguridad Social (IHSS) reported that they unilaterally terminated the contract held with Dimesa. It should be emphasized that, contrary to what has been reported in some media, this agreement cannot be viewed as a simple quote for the value of the equipment, but as an integral service covering much more than just the provision of equipment.

This included in addition to the financing, maintenance, supply, repairs, providing unlimited spare parts and accessories, also training for the equipment operators. DIMESA’s contract came into being on 2011, due to a competitive international bidding after going through all the legal steps and governmental organizations for approval. The contract lasted 84 months, equivalent to seven years, but the Board of Auditors interrupted such in the 40th month after terminating it on January 31, 2015. From this date forward, DIMESA ceased providing services.

This agreement provoked a substantial increase in patient care in various medical needs within the IHSS.

Source: La Tribuna

Because of the charges pressed against him and Dimesa, Schucry Kafie emphatically rejects any reference to himself and his company, Dimesa, and confirms his right to voluntarily and authorized by the court to demonstrate his adherence to the law.

Kafie heads a business group strongly committed to invest in the development of the country for over seven decades and rejects all the charges that were brought against him and Dimesa, one of the health care providers of the Instituto Hondureño de Seguridad Social (IHSS), whose contract was canceled unilaterally by the IHSS’s Board of Auditors.

In a statement issued by the company, “Dimesa’s contract entered into force in 2011 due to a competitive international bidding process, fulfilling all the requirements from the State. The contract lasted 84 months, equivalent to seven years,” however, “the Board of Auditors interrupted such in the 40th month after terminating it on January 31, 2015. From this date forward, DIMESA ceased providing services, despite an evident substantial increase of patient care services related to various medical needs within the IHSS, obtaining an annual increase of care for more than 50,000 additional annual patients,” the article stated.

According to Dimesa, “This contract cannot be valued as a simple quote for the cost of the equipment, but it was an integral service covering much more than just the provision of such.”

The article states, “In addition to the financing, maintenance and supply of parts, repairs, and accessories, it also included personnel training. Regard this, the equipment financed by the company went under a monthly preventive and remedial maintenance were parts were supplied as well as all the accessories needed in an unlimited fashion, until the termination of the contract.”

It was also required that, “The technical team that Dimesa offered a group of 85 health professionals specialized in biomedicine were offered, 70 of them were biomedical  equipment experts and 15 were biomedical equipment supervisors. As of today, the IHSS counts with the most modern biomedical equipment of all hospitals in the country.”

On the other hand, “The contract included 558 biomedical equipment, including MRI’s, CT scans, fluoroscopy X-rays, towers for neurosurgeries, mechanical ventilators, neonatal incubators, towers for endourology, and 190 radiation protection accessories.”

In addition, “We have documentation that support costs for both the equipment and services rendered.”

Finally, “Dimesa carried out an orderly transition of responsibilities with IHSS and ensured the full operation of the equipment and services.”

Source: La Tribuna

A Judicial Judge from the Criminal Court of Tegucigalpa, today, ordered the suspension of the precautionary measures ordered to the representatives of Dimesa, Schucry Kafie Larach and Juan Alberto Madrid Casaca.

The defendant’s attorney, Tito Hernández, stated at the hearing of revision of measures that, “The judge has agreed to suspend the measures imposed to my clients under the condition to pay bail for an exorbitant amount.”

However, he declared that, “We will submit this as additional evidence to prove that my clients have always acted in accordance to the law and they have the right to lawfully defend themselves without incarceration.”

It has been quite shocking for the defendants to be accused of fraud considering that the IHSS terminated the contract that has generated such controversy, causing possible economic damages against the company, and after all, the equipment was left under the IHSS’s care.

Dimesa declares that the project manager, Mauricio Bueso, “Has fully complied with and provided maintenance to all the biometric equipment until the date of the unilateral termination of the contract was stated.”

In addition to this, there were still others being accused such as Edgardo Quiroz Moreno, Mario Zelaya, and Jose Ramon Bertetti, the latter one benefitted from the measures, but the other two continue under imprisonment in the First Infantry Battalion.

DIMESA’s STATEMENT

DIMESA reports that the First for Criminal Matters of Francisco Morazán determined that their representatives, Schucry Kafie and Juan Alberto Madrid, will defend themselves without incarceration due to precautionary measures. To all the Honduran people, we communicate the following:

1. It is required to pay bail for an exorbitant amount of money. However, we will do all what it takes to comply with such as a way to demonstrate that our people and company have always abided the law and with this they may enjoy the right to defend themselves in freedom.
2. In Honduras, during the great majority of the alleged scam accusation cases the law allows the accused to defend themselves without incarceration due to precautionary measures particularly when compelling evidence has been presented to demonstrate their deep connection to the country and such has been accredited at the Criminal Court.
3. We have all the evidence that supports the actions around the contract signed between DIMESA and the Instituto Hondureño de Seguridad Social (IHSS) which have always been consistent with the law and focused on the Honduran people’s health. This contract was approved by legal and governmental organizations thus demonstrating the transparency of the competitive international bidding process which was previously carried out.
4. We wish to emphasize that DIMESA complied in full the contract with IHSS providing and maintaining 100% of the biomedical equipment until the date of the termination of the contract on January 31 of this year.

We hope that this will be the beginning of an unbiased process to clarify the innocence of our representatives and the company. We reiterate our commitment to contribute in a transparent legal process that guarantees such and focuses on the facts and truth.

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.

Defense discrimination in the case of an entrepreneur

19 Jun, 2015

Source: La Tribuna

Tito Hernández, legal counsel for entrepreneurs, Schucri Kafie and Juan Madrid, complained that the judge did not take into account various valid arguments so that precautionary measures be granted to his clients.

Hernández expounded that in the presentation of evidence so that his clients would be able to defend themselves without incarceration, sufficient proof was submitted, but all of it was denied.

Defense presented by schucry Kafie and Juan Madrid’s legal counsel

1.- Voluntary presentation of the accused on June 13, 2015, at 10:00 A.M.

2.- Enough family related and economic proof to insure that the accused were not flight risks. (denied).

3.- Legal credentials as honorary attaché which according to the Vienna Convention intervenes with his diplomatic relations and the effective exercise of his duties.

4.- The alleged felony was subject to bail.

5.- Application of article 96 of the Constitution of the Republic in which the accused is favored by the senior citizen law upon the date of signing the contract in 2011.

6.- Respect of article 89, that every person is presumed innocent until proven guilty by a court of law.

Dimesa denounces discrimination against its directors

La Tribuna

13 Jun, 2015

Schucry Kafie complied yesterday by voluntarily presenting himself in the courts of law to respond to the charges made against him, assured DIMESA, through a statement released yesterday.

After the hearing, the entrepreneur suffered a cardiac affliction and was taken to a private hospital.

Afterwards, DIMESA released a statement which points out, “that due to the incarceration of Schucry Luis Kafie and Juan Madrid, we wish to let the public know our outrage and consternation for the decision made by the judge to order preventive incarceration for Schucry Kafie Larach and Juan Alberto Madrid Casaca, despite the fact that they presented themselves voluntarily to collaborate with the judicial system, and that enough evidence was submitted to prove that they had no intention of leaving the country and would be adhering to due process.”

The document adds, “we consider that there is a flagrant discrimination since in 100% of similar cases of these alleged accusations, the accused are granted to defend themselves without incarceration. This is why we do not understand the reasons the court might have had to rule so excessive a measure.”

It also emphasizes that “DIMESA directors presented themselves voluntarily because they have nothing to hide and they wish to contribute with a legal and transparent process that will focus on the facts and not on political montages made for the press with the purpose of assigning blame, when there is none to be had.”

About the contract, it refers that “we wish to reiterate that the contract between DIMESA and IHSS cannot be seen as a simple estimate for the value of equipment, but as an integral service that encompassed financing, maintenance, and parts supplying, spare parts, accessories, as well as training for workers. Moreover, it was won in an international public contest which was approved on all levels, from the board of directors of IHSS, passing through a Health Commission, obtaining a majority of votes by Congressmen and ratified by the Executive branch.

Afterwards DIMESA states, “we have all evidence that support all our shareholders actions and regarding the IHSS’s contract show that everything abided the law.”

“DIMESA belongs to a business group that has been investing in our country for over 75 years, and has been doing so in support of development of the Honduran people. We demand that Schucry Kafie Larach and Juan Alberto Madrid Casaca be granted precautionary measures, so that they may exercise their defense in freedom, as is due in this type of processes and that they not be discriminated with unconfessable intentions.”

“Article 89 of the Constitution of the Republic states that every person is innocent until proven guilty by a court of law. We hope that from now on the facts prevail and not the opinions of interested parties that do not wish for the truth to prevail,” ends DIMESA’s statement.

Schucry Kafie will voluntarily present himself in the courts of law

La Tribuna

8 Jun, 2015

On the allegations made against him, Schucry Kafie emphatically rejects any accusations made against himself and DIMESA and confirms his right to present himself voluntarily, as the judge requested, doing so to show that he adheres to the law.

Kafie, who belongs to a business group committed to Honduras for the past 75 years and has been investing in the development of our country, rejected the allegations made against him and DIMESA, one of the suppliers for Instituto Hondureno de Seguridad Social (IHSS), whose contract was canceled unilaterally by the Board of Auditors.

In a statement released by the Company they explained that, “DIMESA’s contract became effective in 2011 as a result of a competitive international bidding process, complying with all the stages of state’s contractual requirements. It was approved with a duration of 84 months, that is 7 years.”

However, “with barely 40 months of being in effect, the Board of Auditors at IHSS decided to terminate the contract, on January 31, 2015, that is when DIMESA ceased providing services, despite the fact that there was a substantial increase in patients’ assistance in diverse medical needs within the IHSS, having an annual increase of over fifty thousand new assistances,” points out the statement.

According to DIMESA, “this contract cannot be valued as a simple quote for equipment, but must be weighed in as part of the integral service that encompassed way more than just the supplying of equipment.”

“It included,” they stated, “the financing, maintenance, and supplying of parts, repairs, spare parts, and accessories, as well as personnel training. In this sense, the equipment financed by the company received monthly maintenance, both preventive and corrective, training was provided, parts were supplied and accessories in an unlimited fashion, until the contract was terminated.”

In the retelling of the facts, it was stated that “DIMESA’s technical team was at the institution’s use, which included 85 health care professionals specialized in biomedicine, 75 of which were biomedical experts to provide specialized attention. To date, IHSS counts with the most modern biomedical equipment of all the hospitals.”

On the other hand, “the contract included 558 biomedical equipment pieces, including magnetic resonance equipment, equipment for CT scans, x-ray with fluoroscopy, towers for neurosurgeries, mechanical ventilators, neonatal incubators, and towers for endourology among other new equipment, and 190 accessories for radiological protection.”

Furthermore, they assure that, “we have the documentation that supports the costs of the equipment as well as the services rendered.”

Finally they stated that, “DIMESA developed an orderly transition of responsibilities with IHSS and that the equipment’s full functioning was completely proven as well as the rendering of its services.”