[child-rights] Honduras: Killing of 64 children and youths in December

Case HND 241001.4/HND 241001.4 CC
URGENT APPEAL/CHILD CONCERN
Follow-up of cases HND 241001.CC

Geneva, 21 January 2003

The International Secretariat of OMCT requests your URGENT intervention in 
the following situation in Honduras.

Brief description of the situation

The International Secretariat of OMCT has been informed by Casa Alianza, a 
member of the OMCT network, of the continuing killing of children and 
youths under the age of 23 in Honduras.

According to the information received, another 64 children and youths were 
killed during December 2002 making it one of the bloodiest months of the 
year in the Central American country which comprises just over 5 million 
people. Fifty-nine males (92%) and five females were murdered, most of them 
by gunfire.

Among the victims, Casa Alianza mentioned the case of two street children, 
Junior Edgardo Lopez (15) and Belsin Edgard Rivero Gonzalez (14), who were 
watching people celebrating Christmas as they wandered hungrily around the 
suburb of Barrio Sipile on 27 December 2002. A group of several 
unidentified males started running after them, shooting directly at them. 
The children were able to stay ahead for a few blocks in the vicinity of 
the general cemetery, but were then struck by the hail of bullets. They 
both died immediately.

According to Casa Alianza's statistics, one third of the December murders 
occurred outside the two principal cities of Tegucigalpa and San Pedro 
Sula, signaling that this phenomenon is a growing trend throughout the 
country. There were 5 murders in Comayagua; three in Tela, Atlantida; two 
in Tocoa, Colon; and one each in Choloma, Danli, Trujillo, El Progreso, 
Pespire, Villa Nueva and Santa Cruz de Yojoa.

On 13 January 2003, OMCT was also informed by Casa Alianza that Ariel 
Alexis Garay (17) was killed as he was walking through the Galindo market 
in the middle of Comayaguela, a city adjacent to the capital of 
Tegucigalpa. He was approached by two unidentified males, who opened fire 
and shot him twice. Ariel died shortly afterwards from the wounds.

Since Casa Alianza started collecting statistics in January 1998, more than 
1,500 children and youths under the age of 23 have been killed in this way.

The Honduran Government has not been able to protect these children and 
youths despite promises to do so. A much-lauded "zero tolerance" campaign 
used as an election promise by President Ricardo Maduro in early 2002 has 
remained ineffective. A special investigative unit of the Honduran police 
was set up in September of last year but not one of the 15 initial cases 
given to them to investigate by Casa Alianza's Legal Aid Program has led to 
a conviction.

The International Secretariat of OMCT expresses its deep concern about the 
killing of children and youths and wishes to draw attention to the fact 
that by ratifying the Convention on the rights of the child, Honduras has 
recognised that "every child has an inherent right to life" (Article 6).

OMCT deems that extrajudicial executions, even when the perpetrators are 
not identified, may engage State responsibility for lack of due diligence. 
Due diligence imposes various positive measures that States Parties must 
adopt in conformity with international human rights standards, including 
the obligations to prevent, to stop, to investigate and to punish 
violations of human rights, as well as to provide adequate compensation and 
to promote recovery and reintegration of the victim.

Brief reminder of the situation

Since October 2001, the International Secretariat of OMCT has been 
regularly informed by Casa Alianza of cases of killings of children and 
youths under the age of 23.

 From 6 to 16 August 2001, Ms Asma Jahangir, the United Nations Special 
Rapporteur on extrajudicial, arbitrary or summary executions was in 
Honduras to investigate the increasing and consistent reports of killings 
of children, some of which were directly attributed to the security forces. 
In a press release she expressed among other concerns: "There are 
documented reports of sixty-six minors killed in the first six months of 
this year. Human rights organizations put the number higher than official 
figures. There is a general perception that all such killings have been 
carried out by rival "gangs" of children. Statistics defy that perception. 
The vast majority of these cases remains unsolved. The perpetrators are 
unknown groups or individuals who target and kill street children. 
Government records show that some of these children have in fact been 
killed by the security forces, and I have received assurances that the 
accused will be brought to justice. My observation is that a number of such 
killings remain unreported."

Action requested

Please write to the authorities of Honduras urging them to:

i. take all necessary measures to guarantee the right to life, as well as 
the physical and psychological integrity of all children and young adults 
in Honduras, including those who live on the streets;
ii. guarantee an immediate investigation into the circumstances of the 
deaths in order to identify those responsible, bring them to trial and 
apply the penal, civil and/or administrative sanctions as provided by law;
iii. guarantee respect for human rights and fundamental freedoms throughout 
the country in accordance with national law, regional and international 
human rights standards, in particular the Convention on the Rights of the 
Child.

Addresses

* Ing. Ricardo Maduro Joest, Presidente de la República de Honduras, 
Palacio Presidencial, Tegucigalpa, D.C., Honduras, Secretario Privado: 
Xavier Arguello, Tel.: (+ 50 4) 235 68 43. Celular: (+ 50 4) 978 25 28 y (+ 
50 4) 978 25 29. Fax: (+50 4) 221 45 92
* Crnel (r) Juan Angel Arias, Secretario de Estado en el Despacho de 
Seguridad Pública, Ministerio de Seguridad, Barrio Casamata, Tegucigalpa, 
D.C., Tel.: (+ 50 4) 220 17 12, Fax: (+ 50 4) 220 17 11
* Abog. Roy Edmundo Medina, Fiscal General del Estado, Ministerio Público, 
Col. Lomas del Guijarro, Tegucigalpa, D.C., Tel: (+ 50 4) 221 56 70 y (+ 50 
4) 221 30 99, E-mail: fiscal@edured.net. Fax: (+ 50 4) 221 30 99
* Lic. Porfirio Lobo Sosa, Presidente Congreso Nacional de Honduras, 
Palacio Legislativo, Tegucigalpa, D.C., Honduras, Teléfono: (+ 50 4) 220 53 
37, E-mail: pepelobo01@hotmail.com
* Misión Permanente de la República de Honduras ante las Naciones Unidas, 
Ginebra, Suiza, Fax. : (+ 41 22) 710 07 66 ; e-mail : 
mission.honduras@ties.itu.int

Please also write to the diplomatic representatives of Honduras in your 
country.

Kindly inform us of any action undertaken quoting the code of this appeal 
in your reply.