Prof Calls Trial Delay 'Miraculous'

March 1, 2010 – A new trial date has been set for November in the case involving Kurt Ver Beek, a Calvin College sociology professor who recently appeared in a Honduran court to face charges of slander.

The three-judge panel moved the trial to November because Selvin Richard Swasey, owner of SETECH, the private security company that brought the slander charge, didn’t appear in court. His attorney said he was out of the country.

Ver Beek says he is hopeful the case will be dismissed before November.

He characterized the delay as “miraculous,” not a word he uses lightly, and says he is grateful for all of the support that he and the Association for a More Just Society, the human rights organization that he represented in court, had received.

“I know that thousands of people read about the trial and hundreds took time to pray and send emails asking, not for the court to rule in our favor, but simply to rule justly,” says Ver Beek.

ASJ is a small NGO in Honduras, only 10 years old, has 55 employees, and in its short life has made some powerful enemies because of its work of uncovering corruption, says Ver Beek.

“We were nervous about going to trial, especially since even some people very close to us said we couldn’t win,” he says.

Abram Huyser Honig, director of operations for the Association for a More Just Society, says he suspects SETECH took the court action as a way to harass ASJ, the Spanish acronym for his organization.

If so, he says, the organization showed it was ready for trial. “We had the stronger case and were not afraid to go to trial. They were not prepared and probably not even interested in going to trial,” he says.

SETECH brought charges of slander before a lower court about three years ago. The charges stemmed from ASJ’s investigation into the 2006 shooting death of Dionisio Diaz Garcia, a human rights lawyer who worked for ASJ. ASJ had implicated SETECH in the death, which ultimately began the slander proceeding.

While the two who actually assassinated Garcia were convicted, those who plotted and paid for this murder have yet to be brought to justice.

“We will do our best now to have the case dismissed, delayed, etc... and not waste our time any more preparing for a trial,” says Huyser Honig.

Ver Beek is a co-founder and board member of the Association for a More Just Society. Under Honduran law, a person must be put on trial and not an organization – and so Ver Beek faced the charges in lieu of ASJ.

Before the trial, Christian Reformed Church officials sent a letter to leaders of the government in Honduras, asking that Ver Beek receive a fair hearing before the judges.

"ASJ is an organization close to our hearts. CRWRC, one of our church's ministries, partners with ASJ to make psychological counseling and legal aid available to residents of poor communities in Tegucigalpa and Olancho," says the letter.

In his report on the trial, Huyser Honig writes that the hearing was attended by many supporters of ASJ, including representatives from CRWRC, the International Justice Mission, the World Bank, Danish Church Aid, and other organizations working for justice.

“On the sidewalk outside the court building, two dozen men, women, and children who had benefitted from ASJ’s work held a peaceful demonstration, holding up signs with slogans like ‘Justice for ASJ’,” writes Huyser Honig.

“And all of us there for ASJ in the courtroom knew that there were an additional 300 or so people around the world who had sent emails to the Supreme Court on our behalf, and thousands who were praying--and that all of you were with us in spirit,” writes Huyser Honig.

When the three judges assigned to the case learned of Swasey’s absence, the trial date was moved.

“We are rejoicing, saying to God, in the words of King David, ‘You made my enemies turn their backs in flight’ (2 Samuel 22:41). Please join us in thanking Him,” says Huyser Honig.

Ver Beek adds: “I believe that God is on the side of justice. And while I do not confess to understand how prayer works, I believe it does … I also believe we have taken another good-size step toward creating a more just society here in Honduras,” says Ver Beek.

Asociación para una Sociedad más Justa (ASJ) is a Honduran, Christian, non-governmental organization that provides legal services to impoverished individuals and carries out research and advocacy in areas such as land rights, labor rights, corruption, and aid for victims of rape and sexual abuse.

Association for a More Just Society (AJS) is a U.S. 501(c) (3) nonprofit organization dedicated to promoting justice in Honduras, including doing so by providing grants to ASJ and monitoring and overseeing their implementation.

--Chris Meehan, CRC Communications

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