Man awaiting trial for attempt and released on bail, for refusing to be detained by officers who did not follow due process.



"Fernando Ginarte was verbally cited at his home by the Sector Chief of his Zone, to appear that same day at the Police Unit of the town of Baire with the objective of having a conversation with him. After presenting himself at the police station, Ginarte was transferred to the unit of the municipality of Contramaestre, where he remained, until the moment of his release, without being instructed or having any statement taken. He was released under a bail of 3,000 pesos, pending trial for the crime of attempt, according to officials, based on the events of July 11. That day, two agents of the Department of State Security (DSE), known as Fernando and El chino de Gómez, jumped on him from a JEEP car owned by the Pecuaria company and tried to arrest him. Ginarte refused, alleging that the arrest was illegal or a kidnapping, because they had not identified themselves and the car in which they were driving was not an official one."


Rights Abused

Civil and Political Rights
Personal freedom
Personal security and integrity
Right not to be arbitrarily detained
Right to effective legal remedy
Freedom of association
Freedom of opinion and expression
Right to be informed of the reasons for one's detention, at the moment of detention, and to be noticed, without delay, of the accusations
Due process of law
Perpetrator
Police
State security agents
Political police
NIAC/125