DAY TWENTY-SIX: Trial Against David Castillo
/Last update: May 30 at 11:23 am [final update included adding more details of the defense’s questioning of Douglas Bustillo]
Main Points of the Day
Daniel Atala Midence first appeared on zoom to testify but after objections from the prosecutors, was told by the court he had to appear in person. Once he took the stand in person, Atala Midence informed the court that he was making use of his constitutional right not to testify, arguing that he is under investigation. After the prosecutors confirmed that this is indeed correct and after several protests by the private accusers, Atala will not be required by the court to testify.
Convicted murderer and DESA’s former head of security, Douglas Bustillo testified that he informed David Castillo about COPINH and Berta Cáceres’s actions related to the project. Former DESA employee, Hector García Mejía described the divisions and conflicts in the Rio Blanco sector as a result of the project’s arrival to the area.
The trial was suspended at 9:35 pm and is convened for 9:30 am tomorrow.
Daniel Atala attempts to testify via zoom before the court orders him to appear in person. Picture by COPINH.
More Details
Today was a long and grueling day. The audio was difficult to hear during several moments of the trial. It cut out several times as well.
Final Evidence Presented by the Prosecution
Two protected witnesses were not located by the court. In place of verbal testimony, the court admitted the written testimony of Protected Witness ABC (Gustavo Castro) but rejected the written statement by Protected Witness Triple A (who testified in the trial against the 7 hitman)
Protected Witness ABC’s (Gustavo Castro) extensive testimony taken by prosecutors on March 3, 2016 was read in court.
Daniel Atala Midence Is Called To Testify
The court notifies all parties that Daniel Atala will be testifying via Zoom. Just as things are about to get underway, the prosecutors ask the court why Atala has not appeared in person and whether he advised the court in writing, about why he needed to testify via Zoom. The private accusers supported the prosecutor’s request. The court initially ruled that others expert witnesses had testified via Zoom and did not see any obstacle to Atala doing the same. When prosecutors argue that it’s not the same for a foreign expert or individual outside of Tegucigalpa to testify via Zoom versus a person located in Tegucigalpa, the court changes its decision. Daniel Atala is asked to make his way to the court.
Once arriving to the court, Atala is sworn in. He indicates that he is a friend of David Castillo’s and that they worked together. Then he declares that he is a person that is being investigated. He lists page numbers of the judicial file and mentions the testimony given by telecommunications analyst Brenda Barahona, who analyzed his phone conversations. He invokes Article 88 of the Constitution [the Honduran version of the 5th?] and tells the court that he has been advised by his lawyers, not to testify.
The court responds saying they have no knowledge that he is under investigation or that he has been accused. The judge asks the prosecutors if this is true.
The prosecutors confirm that Atala is being investigated and argue that Art. 101 gives investigated individuals the right to appear before a prosecutors (not in court) with their lawyer and give a testimony. Since Art. 88 gives Atala the right not to testify, the prosecutors argue that he should not be required to testify.
Private accusers: Argue that Atala is using his constitutional right but that the article is relevant only to individuals that have been indicted. There has been no indictment presented against Atala and he is clearly someone with knowledge of the crime which would assist the court at getting to the bottom of the crime. Not letting Atala declare about what he knows, violates the rights of the victims. The private accusers have asked the prosecutors to act against those that are responsible and have received no response. There are no interviews from Daniel Atala or other DESA executives about the crime.
Defense: Argue that Atala should not testify based on Art. 88 and that the prosecutors have confirmed that he is under investigation.
The court rules that Atala is being investigated which would mean to take his testimony, would violate the constitutional right outlined in Art. 88.
Douglas Bustillo, DESA’s Former Head of Security, Testifies
NOTE: The audio was difficult to hear at moments, likely because of the placement of Bustillo’s microphone. The audio on the Facebook live stream also cut out for approximately 10 to 15 minutes while the private accusers were questioning Bustillo.
Bustillo starts by saying he worked with Castillo but that he has nothing to say. He was convicted in this same court and that Brenda Barahona had made up a lot of things.
Private Accusers Questions Bustillo:
Q: You said you worked with DESA, what was your relationship with the company? A: I was a consultant
Q: What type of consultant? A: In security
Q: What date did you start working there? A: On May 8, 2013
Q: What was your responsibilities in this position? A: To take care of the project’s personnel. There were guards at the project 24 hours a day.
Q: What were the main security risks in the area? A: None other than protests that would happen.
Q: What type of security did the company have to handle the protests led by COPINH? A: Actions, none, I organized the security and that’s why they paid me. I had to respond to the things that happened there.
Q: Why were the police and military in the zone? A: Initially there weren’t any police there. Riot police would come from Comayagua and Santa Barbara to provide security
Q: How frequently would they come to the area? A: When there were protests
Q: Who called the police? A: I did
Q: When you talk about riot police, how many police or military is this? A: 20 militaries and 20 police
Q: How did you know that there were going to be protests in the area? A: Because in El Barreal [community in Rio Blanco sector], the people knew when they were going to happen and when people would go to the project site.
Q: What people in El Barreal? A: Everyone knew when they would happen
Q: Who did you communicate with directly about this? A: I would just chat with them and they would tell me
Q: What relevant incidents do you remember? A: One relevant incident was when they lit something on fire [inaudible .. something about tents?]
Q: What did you do as the person in charge when these things happened? A: Nothing because the police arrived.
Q: How long would the police stay in the area? A: They would stay for the duration of the actions and then leave.
Q: Who helped the police and military travel to the region? A: Their superiors
Q: When did you stop working with DESA? A: On July 31, 2015
Q: Why did you stop working there? A: They fired me because I committed an offense. I had an accident in the area.
Q: How was your relationship with David Castillo? A: Normal
Q: What communication did you last have with David Castillo? A: I called him in February 2016 for a job in the southern part of the country
Q: Do you remember other dates that you called him? A: No, I don’t remember
Q: What about for the job in the south? A: The opportunity was there but he didn’t know when it would start. I had to wait
Q: When did he call you for that work? A: Between July and December [2015]
Q: What other person did you talk to from DESA? A: I also talked with Sergio Rodriguez to discuss security
Q: What company were you working with in San Pedro Sula? A: PCI
Q. What period of time did you work with PCI? A: Between August 15 and December 2015
Q: Why did you stop working with PCI? A: I spoke with the manager. I didn’t want to be in San Pedro Sula [hard to hear, cannot be certain this is what he responded]
Q: What was your relationship with David Castillo while you were working with DESA? A: It was normal, it was a working relationship
[The private accusers asks if the court can put Bustillo’s phone records in front of him. The court rejects this request saying that the phone records were admitted for expert witnesses]
Q: Did you know Berta Cáceres? Q: Yes, when she arrived to the project camp to protest
Q: What contact did you have with Berta? A: None
Q: What did Berta’s presence mean for the company? A: None, there were just many protests
Q: Who would you communicate these protests to? A: To David
Q: What actions did you take to guard the security of the people and the property? A: There was a large gate … [inaudible]
Q: In what way did you have contact with Berta Cáceres? A: I didn’t have contact with her
Q: What type of work was Castillo going to give you in February? A: It was the same type of work I was doing in Agua Zarca, I had to go to the south to do security for solar project Santa Lucía.
Q: How many times did you contact Castillo about this? A: I called him to ask if there were employment opportunities
Q: What specifications did he give you about the job? A: None, just that it was to provide security similar to Agua Zarca
Q: When did you find out about Berta Cáceres’ murder? A: The same day on the radio
Q: What communication did you have with DESA personnel about Berta Cáceres’s murder? A: I spoke with Sergio. He said he was listening to the news as I was headed to San Pedro Sula for work. And at noon, I spoke with David and they thought they were going to occupy the project’s camp.
Q: What was your reaction when you found out about Berta’s murder? A: I don’t know .. she wasn’t a family member .. [inaudible]
Q: The communication you had with Sergio Rodriguez about Berta’s murder - how was the discussion? A: He told me that it was in the news and thats it
Q: How was the same discussion with David Castillo? A: The news was being reported internationally and they were worried that they would go light the project on fire. David Castillo said he’d notify people at the project site.
Q: If you were fired from DESA, why did you communicate any incidents to David Castillo? A: I didn’t leave upset at the company … [inaudible]
Q: The day of Berta Cáceres’s murder, where were you going? A: I was going for a work interview.
Q: Where? A: I went to San Pedro Sula, I arrived to the bus terminal, took a bus to Choloma and the a taxi to [names place].
Q: When did you return to Tegucigalpa? A: The same day in the evening
AUDIO CUTS OUT FOR APPROXIMATELY 10 TO 15 MINUTES
Prosecutors Question Douglas Bustillo
Q: Before you worked at DESA, where did you work? A: With the Honduran Armed Forces
Q: What was your position? A: I was a Infantry Lieutenant
Q: How did you obtain the knowledge you have about security? A: From the Armed Forces and other things I learned online
Q: Who was Sergio Rodriguez? He was the social manager
Q: How was your relationship with Sergio Rodriguez? Normal, we had a working relationship
Q: Who was in charge of the project site in San Francisco de Ojüera? A: I don’t know because I wasn’t working with the project at that time
Q: When you worked with DESA, who was in charge? A: Engineer Díaz [not entirely sure if thats what the response was]
Q: You mentioned that you worked on the left side, and then the project moved to the right side, what does this mean? A: The right side was when the project was located in [the department of] Intibuca. I left the project when it moved to the left side [of the river].
Q: Did you make any legal complaints related to COPINH’s actions? A: The person responsible for that was the legal representative
Q: Who was the legal representative? A: I don’t know but it was a woman
Q: What relationship did you have with people that passed you information about COPINH’s protests in the community? A: I didn’t have a relationship with them, I would see them and they would tell me.
Q: Who informed you about these protests, specifically? A: They were people that I’d meet “along the way”
Q: How many were from COPINH? A: They were all from [the community of] El Barreal
Q: What information did they give you about Berta Cáceres? A: They only mentioned when they were going to protest in La Tejera [community in Rio Blanco]
Q: How did the people in El Barreal know about protests if they weren’t from COPINH? A: Because they had family members that were part of COPINH
Q: These families, who are they? A: I don’t know because I didn’t spend time with them
Q: When you worked in San Pedro Sula, what other investigated individuals did you have a relationship with? A: With Henrry
Q: Where did you meet him? A: I didn’t know him until he asked for a job and when he got to the company. He went through the application process for work.
Q: Who took Henrry to work at the company? A: I don’t know
Q: When you left PCI [security company], what relationship did you continue to have with this person? A: Relationship? None.
Q: What position did you have at PCI? I was the operations manager
Q: What was your work in terms of the administration of people that worked with you? A: I was a supervisor and supervised the the people that worked there.
Q: What type of training did Henrry have? A: I don’t know
Q: When you worked at DESA, what was Castillo’s position? A: Manager
Q: And Daniel Atala? A: Administrative manager
Q: What type of communication did you have with Daniel Atala? We talked when I needed money for gas or other maintenance
Q: What was your promotion rank in the military? A: 34
Q: What was Mariano Díaz’s promotion? A: 34
Q: What was your relationship with Mariano Díaz Chavez? A: We would meet up sometimes and drink beer sometimes
Q: You said that Berta Cáceres would take people from outside of the community to Rio Blanco. How do you know this? A: The buses would pass El Barreal
Q: In protests, how would you know who was Berta Cáceres? A: I would hear people call her Berta
Q: After the protest you mentioned, when did you see Berta? A: She was in Rio Blanco on May 25 and the last time I saw her, I think it was July 11, 2013. I also saw her in September 2014.
Q: Where? A: At the project site
Defense Questions Bustillo
Q: In 2013, what knowledge do you have of a child being killed? A: A member of COPINH died and then a young person - 14 years old - was killed.
Q: You mentioned a project that Castillo was working on in the south, when was the first conversation you had about that? A: In November 2015
Q: When you said you traveled south with Sergio, what did you do when you went there? A: We went to see the area. We checked it on a map online but I wanted to see it in person and Sergio had to do the part in the community.
Q: Can the court put the map in front of the witness? [Secretary gives him the map that is part of the judicial file]. Can you describe the map? A: There’s the project site and the highway to Choluteca.
Q: What are the project’s coordinates according to the map? A: Reads the coordinates
Q: How many trips did you make to the project in the south? A: I went once with someone and twice myself
Q: When were these trips? A: In March and February
Q: In your experience, how were you going to plan the security strategy for that project? A: We were preparing for whatever could happen. We had incidents that occurred in Agua Zarca so we tried to avoid the same problems.
Ex-DESA Employee Hector García Mejía Takes the Stand
The witness gives a brief declaration saying that he found out about Berta’s murder in the media and that he had nothing to do with it.
The private accusers begin the questions:
Q: What community are you from? A: Valle de Angeles
Q: Do you have knowledge of DESA’s work in Rio Blanco? A: Sure, in the beginning they went to the communities to ask if they were in favor of the project and I found out that they were interested in building the project. We were informed of the benefits. DESA asked if they could buy the land and the company went to the communities to see if they could purchase it. The communities said “no problem” because the people can do what they want with their land. They started to work in El Barreal. Everything started ok until COPINH arrived and that’s when things got distorted. That’s when violence started and weird things like crop destruction and death of cows started to occur. I didn’t like this because we were all compañeros. I never saw Berta. When they destroyed our water project, the next day (Sunday), we met to discuss it. I didn’t know what to say or think but I asked God to give me the words. We lost our water project. Today, we have a big project that the entire community benefits from [the court interrupts him to keep him focused on the question]
Q: You made reference to a meeting, when were these meetings? A: In 2009 but I don’t know the days and hours.
Q: You said that DESA said there would be benefits, what did they say they would be? A: Projects, schools, they would fix the road, a water project, electricity, a maternal health unit .. just the building was built for that.
Q: You said that you started to work in El Barreal? A: No, I didn’t. This was work for other people. I was not interested in those positions in El Barreal. I wasn’t in favor or against, I was working with an NGO that was building hoes in El Barreal
Q: What date did COPINH arrive in El Barreal? A: In 2013
Q: And what did COPINH people say? A: they just went to La Tejera, not to my community or any other community, just to La Tejera
Q: You said that when COPINH showed up, that things started to get intense, why? A: There was destruction and that’s when murders started
Q: What murders? A: Well my two nephews- William and Michael, and Santos Dominguez. They lied to Michael and took him to the river and killed him with a machete. There was another murder that occurred, people were accused. My brother Olvin Garcia Mejía was also killed [parts of this answer were inaudible]
Q: You said that the proposal by the company was interesting, why? A: Because we are forgotten communities [other parts of answer hard to hear]
Q: In these meetings, what did you learn about the project? A: They were going to construct a dam on the river
Q: What was your relationship with DESA employees? A: In the beginning, I didn’t know them but then after, I met them when discussing the projects. I met a few of them, I had communication with Ramon Rodriguez Orellana
Q: Through what means did you communicate with Sergio [Rodriguez Orellana]? A: We would talk by telephone
Q: Did you know Berta? A: Yes, since 1998
Q: Did you know who Berta Cáceres was inside the community? A: We knew she was the general coordinator of COPINH
Q: How did you find out about Berta’s death? By the radio
Q: What negative impacts did the company inform would exist because of the project? A: They company did a consultation. They did not specify because the studies weren’t 100% finished.
Q: How did you approve the project if you didn’t know all the impacts? A: They said there would be negative impacts but that they would minimize them. And we didn’t have problems if the machines destroyed something. We always saw the project as favorable.
Q: What land was sold to the company? A: In the area where the dam was being built, in Los Panales [?], and where the machine house was located.
Q: How was the land purchased? A: The owner of the land knows - it was private land
Q: What does Berta Cáceres and La Tejera have to do with the project changing sides of the river? A: The blockade didn’t let the company work, so they had to change sides. It was the same concession
Q: What is the name of the organization you are apart of? A: [Didn’t catch full name but something like] Council for Development of the Communities in Northern Intibuca and Southern Santa Barbara
Q: When did the council get organized? A: In 2013
Q: How many people worked with DESA? A: about 60 workers
Q: How many workers were members of COPINH? A: None
Q: How many were against Agua Zarca? A: None
Prosecutors Questions for García Mejía
Q: When DESA went to the community, how did they convene meetings? A: They would communicate through the patronatos [elected community council]
Q: How many people from the communities would show up to those meetings? A: 150 people more or less
Q: To have these meetings, how long did they take and was the mayor present? A: The mayor wasn’t there
Q: But you said before, that the mayor attended the meetings? A: The mayor met with the patronatos [elected community council]
Q: How many patronatos participated? A: La Tejera, Valle de Angeles, San Bartolo, La Unión, Rio Blanco [communities from Rio Blanco]
Q: You mentioned that the project went somewhere else? A: It went to the left side of the river in San Francisco de Ojüera.
Q: In what department? A: Santa Barbara
Defense Questions García Mejía
Q: What is Rio Blanco? A: It’s a sector located in northern Intibuca
Q: How many rivers are in the sector? A: Just Rio Blanco, El Canjel [he may have said one more?]
Q: How many people live in Rio Blanco, approximately? A: 2000
Q: How many of those 2000 people were part of COPINH? A: Maybe 25 or 30 people
Q: What benefits have you received as Lenca from COPINH? A: Absolutely nothing
Q: What year was the project abandoned? A: After Berta Cáceres’s murder
Q: Did David Castillo go to the area a lot? A: No
Q: You said that the water project was destroyed, who destroyed it? A: The information we have received says it was a COPINH member
Q: From what community is Berta Cáceres from? A: She’s not from the area.
Q: Which communities believe that there are spirits in the river? A: That was a joke that they started to use in 2013 when the company started. They would say that it was sacred. It was a joke
Q: When did they stop the blockade at El Roble? A: Approximately 2014
Q: The social projects brought by the company, how many communities benefited? A: 11 communities
Q: You said that there were four communities in Rio Blanco, but 11 communities benefited? A: The rest were in San Francisco de Ojüera