COMMITTEE AGAINST TORTURE CONSIDERS REPORT OF HONDURAS

The Committee against Torture this afternoon concluded its consideration of the second periodic report of Honduras on the measures taken to implement the provisions of the Convention against Torture.

Karla Eugenia Cueva Aguilar, Undersecretary of State for Human Rights and Justice of Honduras, presenting the report, stated that Honduras had faced a dramatic situation in recent years, with an onslaught of violence due to the transnational crime activities in the region. The country was still facing challenges fighting poverty and restoring security to its people. Generalized violence in Honduras had been described as an “invisible epidemic” affecting entire communities in the country. The gangs across Honduras had to be fought. Police forces had been cleansed of corrupt elements, while the Armed Forces had filled in the security vacuum temporarily. As the police became stronger, the Army was being gradually withdrawn. Honduras was aware of the problems in its penitentiary system, which included overcrowding and inadequate facilities, and a national prison policy had been drafted. Preventing and punishing violence against women and girls were among the Government’s priorities, and 96 per cent of the reported cases of sexual violence in 2015 had been put to trial.

Committee Experts expressed understanding for the difficult security climate in Honduras, and the grave challenges the authorities were facing. Nonetheless, they raised numerous questions on the militarization of prison management, the use of the Armed Forces for policing roles, holding military and police personnel accountable for offences of torture, ill-treatment and the excessive use of force. Questions were also asked about the protection of human rights defenders and investigations into harassment and murders of some prominent human rights advocates, including Berta Cáceres. Conditions in prisons, including serious overcrowding, were discussed at length, as were the treatment of female and juvenile prisoners, and the efforts taken to combat sexual and gender-based violence. Experts also wanted to hear more about the independence of judges and the overall popular trust in the judicial system, and the training of judges and military and police personnel in human rights. Concern was expressed over the inadequate number of medical personnel in the penitentiary system.

In concluding remarks, Ms. Cueva Aguilar said that it was State policy to defend human rights, which was also enshrined in its legislation. Honduras had been one of the first countries to co-sponsor a resolution to protect defenders of economic, social and cultural rights, to which it assigned great importance.

The delegation of Honduras included representatives of the Secretariat for Human Rights and Justice, the National Directorate for Adolescence and Family, the National Women’s Institute, the Presidential Directorate of Management, the Secretariat of Security, the Inspectorate-General of the Armed Forces, the Department of Civil Affairs of the Military, the National Congress, and the Permanent Mission of Honduras to the United Nations Office at Geneva.

The Committee will next meet at 3 p.m. on Friday, 29 July, to hear the replies of Burundi on its special report.



Report

The second periodic report of Honduras (CAT/C/HND/2) can be read here.

Presentation of the Report

KARLA EUGENIA CUEVA AGUILAR, Undersecretary of State for Human Rights and Justice of Honduras, said that the promotion and protection of human rights were at the core of all actions by Honduras. Honduras had demonstrated openness and commitment towards dialogue with international human rights instruments. Seven visits by different Special Rapporteurs had taken place in the past two years. A United Nations Human Rights Office had opened in Honduras on 20 July.

Honduras had faced a dramatic situation in recent years, with an onslaught of violence due to the transnational crime activities in the region. The country was still facing challenges fighting poverty and restoring security to its people. Generalized violence in Honduras had been described as an “invisible epidemic” affecting entire communities in the country. The gangs across Honduras had to be fought. The State had undertaken a number of measures to restore peace and security, and provide for its people. Police forces had been cleansed of corrupt elements, while the Armed Forces had filled in the security vacuum temporarily. As the police became stronger again, the Army was being gradually withdrawn. If there were human rights violations, objective and impartial investigations were carried out to bring the perpetrators to justice.

The definition of torture in the Criminal Code was in line with international standards. Punishments were also prescribed for accomplices to torture. Efforts were underway to secure protection for both victims and witnesses. Honduras had also included extraterritorial jurisdiction to deal with enforced disappearances, said Ms. Cueva Aguilar. Congress had approved a law on the security of human rights defenders, journalists and law system officials. In order to reduce impunity, Congress had approved measures for cleansing the national police. Between 2009 and 2015, 54 acts had been submitted to courts against policemen and members of the Armed Forces for crimes covered by the Convention. The human rights curriculum for the Armed Forces had been reviewed, and a draft bill on the use of force was being currently distributed.

Honduras was aware of the problems in its penitentiary system, which included overcrowding and inadequate facilities. Between 2014 and 2015, a national prison policy had been drafted, with the help of international partners. The State was fighting crime hard, which was why the prison population currently stood at 17,000, up from 12,000 in 2011. Four new prisons set up according to international standards were being constructed, which would reduce overcrowding. The National Prisons Academy for training of prisons staff had been created in 2015. Many holistic measures had been taken to reduce the number of violent deaths in prisons; there had been 15 in 2015, as compared to 45 in 2011. The State was providing for families of the victims.

Ms. Cueva Aguilar informed that, in order to combat the grave crisis of insecurity and protect adolescents in detention, a special emergency decree had been issued that allocated significant financial resources for that purpose. Significant efforts had been made to put problematic adolescents who were in institutions through education. The goal was to prevent violence and increase security in each of the detention centres, which had seen a significant rise in their population.

Preventing and punishing violence against women and girls were among the Government’s priorities. Over 96 per cent of the reported cases of sexual violence, which had been 36,284 in 2015, had been put to trial. Support provided to women victims included prevention of further violence, strengthening of women’s economic autonomy, and integral sexual and reproductive health policies.

Questions by Experts

CLAUDE HELLER, Committee Member and Co-Rapporteur for Honduras, noted the greater openness by Honduras to international scrutiny, including visits by Special Procedures, which was welcomed. The opening of an office of the High Commissioner for Human Rights was another important development, which reflected the increasing cooperation of Honduras with international bodies.

The law on defending human rights defenders, journalists and judicial officers was another positive development, said Mr. Heller. Public officials had to unashamedly tackle human rights issues and do their best to reverse the very difficult situation Honduras was facing. Restructuring of the national police force was encouraging.

What happened to those who were suspended or dismissed from the police? What were the punishments for the perpetrators?

It was noted that 42 per cent of the population lived in extreme poverty, and more than 60 per cent of the population was poor. Honduras had the highest crime rates in the world, but a certain downward trend had been noted since 2013. Many murders had not been investigated, which only further fuelled impunity.

The case of the murder of the activist Berta Cáceres, which had stunned the international community, had led to the arrest of five individuals, including an acting official in the Honduran Army. Could an update be provided on that case?

The definition of torture in Honduras could be broadened to include intimidation and harassment.

The real role of preventing torture and cruel treatment was in reality played by the National Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment CONAPREV, noted the Expert. What measures was the Government intending to take in order to compensate for the deficits in its human and financial resources?

There were great challenges remaining when it came to the independence of judges and prosecutors, who should not be subject to removal from their office for the decisions they took. Complaints against the dismissal of several judges and magistrates had made it to the Inter-American Court, which had ordered that they should be given their jobs back and compensated. The State was yet to comply with that binding judicial ruling.

It seemed that, in general, people did not have faith in judicial and governmental institutions. The number of reported cases of torture had been relatively low. What measures was the State planning to undertake to protect victims and witnesses of torture?

The Expert brought up the issue of violence against women. A question was raised about the lack of results in the investigation of the murders of two transgender women.

More information was sought on the implementation of the National Human Rights Plan, and on the 26 measures to prevent torture.

Was the State intending to make statements under Articles 21 and 22 of the Convention? Were there any consultations ongoing in that regard?

The Expert emphasized the obligation of the State to provide its citizens with security. For that to happen, structural causes of violence, especially homicides, needed to be addressed. The security forces’ capacities needed to be strengthened, but in line with international human rights standards.

There was a need to establish a more effective and efficient register of detainees.

Children as young as 12 were subject to the deprivation of liberty, the Expert noted.

JENS MODVIG, Committee Chairperson and Co-Rapporteur for Honduras, asked for the details of the training of 9,000 persons by the Ministry of Defence. How many members of the Armed Forces and law enforcement agencies had not yet been trained? More information was also asked about the training of policemen and judicial officials. When would the training of judges be resumed?

What was the number of doctors working in the prison system and the military, and how many amongst them had received training on the Istanbul Protocol?

A question was also asked about the training of those working in private security companies.

The Expert asked whether there were any procedures on video-taping of the interviews of suspects and appropriate/inappropriate interrogation techniques. If not, how would investigators know how to operate?

Regarding conditions in prisons, the Committee had recommended that the overcrowding be dealt with not by building new prisons, but by applying alternative approaches. The overall incarceration rate in Honduras was high. The occupancy rate was at almost twice the capacity, and in the Saint Barbara prison it stood at around 400 per cent.

Minors could be kept on remand for up to six months. Had the State party done anything to reduce the problem of preventive detention of minors? The delegation was asked to provide details. A question was also asked about promoting alternative measures to detention.

What was the staffing situation of medical doctors and nurses in the prison system?

The Committee would appreciate hearing details on investigations into deaths in custody and what was being done to prevent future occurrences.

The delegation was asked to provide information on the investigations into the violence during the 2009 constitutional crisis demonstrations. Who had received redress and what kind of redress had been provided to the victims? The Committee was far from convinced that the State party had done all it could to investigate and prosecute all cases of torture.

Turning to the issue of violence against women, Mr. Modvig praised that a vast majority of cases had been prosecuted, but it was worrying that only a small fraction received convictions. Did women’s municipal offices have a broad mandate? He welcomed that Honduras had agreed to criminalize femicide – what were the measures being taken in that respect?

What measures were being taken to protect lesbian, gay, bisexual, transgender and intersex persons and were there plans to include hate crimes in the Penal Code?

Had the 2010 Amnesty Decree provided amnesty to any members of the Armed Forces or law enforcement officers?

The delegation was asked to comment on the low number of complaints by citizens against the abuse of power by law enforcement authorities. What was being done to increase the confidence of citizens in that regard? How about the very low number of requests for redress?

More information was also sought on extrajudicial executions and enforced disappearances, of both children and adults.

It was encouraging that a new law on the reparation of victims was on the way. What were the planned timeline and the expected budget for that law?

Concern was reiterated over the safety of human rights defenders, including environmental activists. What were the actual measures which would be taken to improve the protection of human rights defenders? They seemed to be stigmatized. What was being done to protect witnesses who came forward?

Had anyone been investigated or charged for terrorism during the reporting period? Information was asked about the legal safeguards for those investigated for terrorism.

Another Expert asked whether the abolition of the statute of limitations for the crime of torture would be kept in the Penal Code. A question was also asked about the range and differences of penalties for torture.

Had any cases been recorded of asylum seekers not wanting to be returned to their countries, because they would be subject to torture there? Details were asked about bilateral extraditions treaties that Honduras had with a number of countries.

Using the Armed Forces was not an ideal solution for operating prisons, noted the Expert. Had a plan for replacing them with well-trained prison personnel been put in practice? Concrete information was sought on the detention centre at the facility of the “Los Cobras” special police force, over which the Inter-American Commission of Human Rights had expressed concern.

An Expert noted that the judiciary seemed to be in a difficult position, under a lot of pressure from the executive. It seemed that there was a problem of magistrates being physically attacked; some judges had been killed extrajudicially. What were the results of investigations in that regard?

The prison police were not so distinct from the general police. In addition, there were private security officers, who were also frequently involved in violations, she noted.

Women were exposed to two forms of abuse – femicide and assaults to their dignity and physical integrity. Was the State party taking those issues seriously? There also seemed to be a problem with trafficking of children for exploitation. That was particularly prevalent among children vulnerable in society.

Another Expert asked the delegation to outline the nexus between the police and military forces, and how the two were run. What was the role of the military in ordinary prisons? Who guarded whom in the preventive prisons in military institutions? Did the military do all the guarding? Was there any oversight of the military police units?

The Expert quoted a report stating that prisoners had access to weapons and other contraband; in some prisons, prisoners seemed to control and self-govern their own areas. How were raids in prisons conducted and had any police or military officers been prosecuted for the excessive use of force during such raids?

A question was asked on dismissed police officers. Had any of them been dismissed for acts of ill-treatment or torture? Had anyone ever been charged, disciplined, prosecuted or convicted for such actions?

It was disappointing that CONGAED - National Human Rights Institution - had been downgraded to “B status”. The Committee’s information also indicated that the amount received by CONAPREV - National Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment - was barely half of what was allocated. There was a system in place which, in form, seemed ready to do what needed to be done under the Convention, but if there were no resources to carry the work out, it was not working.

A very low percentage of the reported cases of sexual violence led to convictions, noted the Expert.

Honduras ought to express its position on Article 22 more clearly, stressed another Committee Member. All individuals had the right to life, liberty and security.

The Armed Forces were involved in the administration of justice, which was a source of concern for civil society and the Committee alike. Could ordinary prosecutors initiate inquiries against members of the Armed Forces for violations of human rights? How about the judicial authority over prisons?

A question was asked about the independence of the members of the national preventive mechanism. What measures were planned to ensure that the recommendations made by CONAPREV were implemented at both local and national levels?

It was reported that six out of ten remand prisoners were subjected to mistreatment or torture. What was being done to prevent such a trend?

It was encouraging that the Armed Forces would gradually be withdrawn from the streets and their roles of policing. Would their withdrawal hamper the judiciary’s ability to investigate crimes committed?

Was Honduras planning to use the Voluntary Fund for Victims of Torture?

Another Expert found the law on the defence of human rights defenders and journalists very positive, and wanted to know what steps were being taken to enforce it.

The military police had reportedly been charged with at least nine murders between 2012 and 2014. Could the delegation advise whether the information was accurate, and provide further details?

Replies by the Delegation

The delegation explained that the definition of torture was totally in line with that in Article 1 of the Convention. A 2011 decree by the Congress stated that torture also included coercion. The text was also clear that there was no statute of limitations for the crime of torture. A large number of articles of the new Penal Code had already been approved by the Congress.

As regards the Judicial Council Law, it was explained that it had been approved by the Congress, but was then subject to appeals nationally and internationally. The law had subsequently been declared unconstitutional, which was why a new law would need to be adopted by the Congress, which was now studying how to correct the deficiencies.

The delegation informed that recently reforms had been introduced to allow a judge to determine whether necessary prerequisites had been met to authorize pre-trial detention. Alternative measures would be given priority.

Provisions on hate crimes had been introduced in 2013, and aggravating circumstances were now well-defined, informed the delegation. Technical cooperation with foreign partners had been helpful in the drafting process. The denial of services because of discrimination and incitement to discrimination, for example, were also listed.

The rights of the accused were broadly regulated by the Criminal Proceedings Code.

The Amnesty Decree of 2010 did not cover all those offences which were regulated under international human rights conventions, the delegation explained.

The Military Code predated the ratification of the Convention by Honduras, and military jurisdiction was thus not applicable as the offence of torture was not regulated there.

When there was an additional offence to that of torture, further sentences were applied, which explained why torture and enforced disappearance were listed as separate crimes. Enforced disappearance could lead to imprisonment for life.

On the emergency decree to clean up the police force, the delegation stated that efforts were currently underway to create a new organic law on security structures. Due to the high level of corruption emerging in the police force, it had been felt that there was a need for a clean-up before the adoption of a new law.

Victims of torture were assisted and protected from further abuses. The issue of the budget was critical in order to ensure that there were funds for reparations, which was being currently discussed.

Regarding the operation to clean up the police force, the delegation informed that a number of generals, commissioners and sub-commissioners had been suspended, while others had been endorsed. Some amongst them had voluntarily resigned. The results had been sent to the Court of Auditors, for the sake of clarity and complete transparency. The National Police Force was run by the Director-General and the National Commissioner, while inspectors were at the Deputy Commissioner level. The police had different ranks to those of the Armed Forces.

There were 558 private security companies in Honduras with over 34,000 security guards working for them. A new organic law on the national police, which was being currently debated in Parliament, would include provisions on private security as well. Private security companies were provided with training in human rights.

There was a memorandum of understanding between the Government and the ICRC which helped to regulate law enforcement activities. The goal was to ensure respect of international standards when it came to the use of force. That should regulate and limit the excessive use of force. Police had special clothing to identify them when they undertook their activities.

When it came to human rights and preventing torture, there were 60 hours of formal training for police cadets at the National Police Academy. Training was provided in different years of studies. CONAPREV had taken part in various seminars by providing training to senior officers, which had a multiplier effect throughout the police.

The Armed Forces cooperated with the police to maintain law and order. A national emergency hotline 911 and a mailbox had been established for people to make reports on the police and denounce violations. The police were not subservient to the Armed Forces.

A delegate stated that the State had taken a number of measures to establish law and order, and restore human peace and security. It was in that context that a military public order police had been created, and that the Armed Forces had been put to work. Cases of human rights abuses were dealt with by ordinary courts. The existing Military Criminal Code dated back to 1906, and the crime of torture as such was not criminalized in it.

In recent years, more than 16,000 members of the Armed Forces had been provided with human rights training. Formal education was organized by the State, whereas non-formal education was provided to develop various capacities of the military corps. There was a very thorough selection process for all candidates for the Armed Forces, and it was important to emphasize that the military service was voluntary and professional. Handbooks and manuals had been provided, and video conferences had also been organized with the view of enhancing the training. Anyone who joined the military public order police would go to a relevant school and would, inter alia, take courses on the use of force and human rights.

A delegate informed that offences had been recorded in less than one percent of half a million police missions in 2015. All those who had committed offences had been prosecuted. There was zero tolerance towards human rights violations and the excessive use of force.

Turning to the national prison system, the delegation said that the National Prisons Institute had been recently created. One could see a 47-per cent increase in the annual budget for the Institute between 2015 and 2016. The Institute checked on the living conditions of prisoners and made recommendations to the authorities.

The State was building new penitentiaries with the view of reducing prison overcrowding. A report by the Inter-American Court established that the issue of overcrowding could be resolved that way. In addition, since 2015, measures had been in place to let certain prisoners benefit from early release or parole; interdisciplinary boards were in place for that purpose. In some cases, sentences were replaced by work, while proceedings were also being sped up. The Congress was looking into certain offences for which alternative sentences could be applied. Transparency of the justice system meant that there would be stronger internal oversight. In the Saint Barbara prison there was indeed terrible overcrowding, but in the fall, all prisoners should be transferred to a new facility, informed a delegate.

Access to libraries in prisons had also been enhanced. Efforts were being made to rehabilitate detainees. Each convict needed to do a certain number of hours of work daily, which was compensated. The Government had allocated funds for the so-called “productive projects” in prisons. The Government had organized interdisciplinary committees made up of a psychologist, lawyer, doctor and social worker, who were working in detention centres. Separating those on remand and those convicted was planned, but it was still difficult to fully implement it because of the current overcrowding.

On children and adolescents in vulnerable situations, the delegation said that Honduras had 1.3 million children between 12 and 18. About 90 per cent of children who were in conflict with the law said that they were sympathizers of armed gangs. Local governments took part in the measures alternative to prison sentencing; 244 children were in that process at the moment. There were certain limitations on their freedom of movement, and what they were allowed to do. Their penalties went up to 24 months. Several hundred other minors had interim measures applied, and some amongst them had been given definitive sentences. Prosecutors worked with children, informed them of the procedures and discussed alternative measures with them. Recent emergency measures had ensured the governability of the youth detention centres. Workshops were organized with civil society groups on the productive inclusion of juvenile offenders, explained a delegate.

An interdisciplinary committee regulated visiting times, in cooperation with the human rights bodies CONAPREV and CONADEH. There was a digital registration system in place, which would lead to a confidential database, which should ensure that children were separated from adults. It was a priority for the Government to protect children and adolescents; a conditional money transfer programme was in place for poor families, and it guaranteed access to health and nutrition. Poor children were provided with school uniforms and daily meals, so that they would remain in schools.

Femicide had been criminalized in 2013, explained a delegate, but not all cases of murders of women could be qualified as such. The Criminal Code, nonetheless, had to be interpreted using gender criteria. Cameras were installed in certain investigation rooms so that women could give their testimonies just once and in privacy. A specialized unit would be created to investigate crimes against women. A national strategy on raising awareness of violations against women was in place. Measures were also undertaken to provide capacity building and improve living conditions for women victims of violence. Every effort was made to avoid re-victimization and to build the confidence of victims in the justice system. Municipalities were autonomous and contained their own specific offices for women’s affairs. Staff at the local level were being trained.

A new law which criminalized discrimination based on sexual orientation would be widely disseminated. Any complaints on human rights violations in detention centres or prisons were immediately followed up, thanks to the National Institute of Prisons. A national commission for access to justice of vulnerable people had also been put in place. There were currently no records of abuse of lesbian, gay, bisexual and transgender prisoners.
It was up to the prosecution service to initiate proceedings into the Comayagua prison fire, said a delegate. Hearings were already scheduled.

With regard to the Lopez-Alvarez case against Honduras, investigations had been commenced and the authorities were looking into the events with the view of establishing Mr. Lopez-Alvarez’s role. No records could be found of his complaints that he could not speak in his mother tongue. Initial inquiries had been undertaken into the Berta Caceres case, and five suspects were now being held on remand.

The National Protection Council had been set up in December 2015, and had attended to 32 requests for protection. Twenty-five requests were currently under the responsibility of the protection mechanism, and covered human rights defenders, journalists and others. 2016 was the first year of the implementation of the protection plan, which was allowed to request extra-funding from the Congress if and when needed. There were 200 actions in the National Human Rights Plan, eight of which pertained directly to the Convention against Torture.

There were some shortcomings in investigating enforced disappearances, a delegate said. Enforced disappearance used to be a practice common to the whole of Central America in the 1980s, and many States were struggling to bring perpetrators to justice. It was important to put things into context. The first institutional measures to investigate enforced disappearances had been undertaken in 1994, when they had been considered as assassinations. Such allegations, however, could not have been confirmed until a victim was identified. Many of the investigations had not yet been completed, partly because of the lack of DNA evidence. Honduras did not want to allow for impunity in those cases, and efforts were underway to establish a DNA database before further steps were undertaken.

Some cases had been recorded when women had been poorly treated simply because of their gender, said the delegation. The weakness of the institutional system had been further exposed when it had come to policing and collecting data, as well as to the ability of judges to properly adjudicate those and other cases of ill-treatment. There had been no deliberate will on the part of the prosecutors to leave those cases unresolved.

The anti-gang law had been recently reviewed, and it now spoke about organized crime in general, without further specifics. Other concepts had also been reworked, so references to the heads of the gangs had been removed.

The delegation informed that lie detectors were used in conjunction with other tests to establish whether law enforcement officials had lied on the use of torture or ill-treatment.

Follow-up Questions by Experts

CLAUDE HELLER, Committee Member and Co-Rapporteur for Honduras, noted the wealth of information provided by the delegation. It would be useful to have that information provided in writing as well. Honduras was facing a complex situation with simultaneous emergence of problems.

A public official who threatened a detainee or his family in order to obtain a confession should also be punished. Such aggravating treatment should fall under the definition of torture, as torture could also be psychological in nature.

The Expert asked about the employment of people deprived of liberty and high-security prisoners. Was there an obligation to work for all those deprived of liberty?

Given that abortion was criminalized without any exceptions, a question was asked whether the State party was considering reviewing the legislation. That was of significant importance given the widely spread incidence of rape.

There had to be independent judicial oversight of the military and police forces.

More details were asked on the eight human rights measures, mentioned earlier, to prevent and combat torture.

JENS MODVIG, Committee Chairperson and Co-Rapporteur for Honduras, reiterated that the Committee did not believe that the prison overcrowding should be resolved by building new facilities. How much of the problem could be resolved through early releases and parole?

How long did pre-trial detainees normally spend in detention, asked the Expert.

Questions were asked on the inter-prisoner violence and the abuse of lesbian, gay, bisexual and transgender prisoners, reports of which apparently did not surface.

Every prison should, at the very least, have one medical doctor and several nurses. Much more precise targets and timeframes were needed. There was an impression that the 16,000 prisoners in Honduras were subjected to ill-treatment every single day, which was worrisome.

Did the prisoners have decent and reliable complaint boxes, and who emptied them? The very low number of recorded complaints did not reflect the reality.

There seemed to be a possibility of punishing hate crimes as they were considered as an aggravating circumstance. Hate crimes should be considered as a separate category, stressed the Expert.

Had any law enforcement officers been granted amnesty?

An Expert raised the issue of the increased use of the Armed Forces in prison management. The militarization of the prison system was certainly a matter of concern and a strategy for their withdrawal ought to be developed.

Prison conditions in the detention facility of the Cobras squadron of the national police were described as amounting to ill-treatment. Detainees were reportedly allowed to leave their cells only once per day.

Were there plans to criminalize torture in a new military code, and would it include serious sentences?

Was training on the Convention against Torture included in police education?

Part of the budget was regularly not transferred to CONAPREV, said an Expert and asked the delegation to provide more information. Local CONAPREV committees, which were a welcome development, risked not receiving sufficient funding. The Expert wanted to hear more about the appointment procedures for members of CONAPREV.

What were the rules regarding access to the personal data of detainees?

Was Honduras availing itself of the Voluntary Fund for Victims of Torture, asked the Expert.

Another Expert raised the issue of crimes against women and children. The Committee placed its faith in the State party and expressed hope that all victims would be rendered justice. Ways needed to be found to establish transitional justice.

Was the purpose of the militarization of prisons perhaps to break the system of self-management altogether, inquired an Expert. Was it time to end the perimeter guarding? What oversight was there of the military police?

Replies by the Delegation

The delegation concurred that the problem of overcrowding could not be solved by simply constructing new prisons. In 2016, the Government had established inter-disciplinary councils on a permanent basis to look into the issue. A list of 21 offences had been reviewed, with the goal of reducing them; prison should ideally be an exception, rather than a rule, when dealing with such cases. Various measures put together should bring down the number of prisoners. All prisoners from the Saint Barbara prison would be moved to a new facility, reiterated the delegation.

The law established the maximum of two years in pre-trial detention. In the coming two weeks, a report was expected on the situation of pre-trial detention, which was indeed a cause of concern. There were no specific statistics on how long it took to bring people to trial.

On how complaints were recorded, the delegation explained that very recently complaints procedures had started to be drafted. Letter boxes for inmates and email options for their family members to submit complaints would be created.

The dearth of doctors and nurses in prisons was a pressing issue, but more doctors would be appointed to the interdisciplinary councils.

Regarding the militarization of prisons, it was explained that there were three prisons on battalion premises, in which 55 persons were detained. Those centres were temporary measures and once new penitentiaries were set up, the situation would inevitably improve. The presence of the Armed Forces in prisons was also of a temporary nature.

On personal data protection, the delegation said that only the right holders received detailed information, so their privacy was protected.

Concluding Remarks

KARLA EUGENIA CUEVA AGUILAR, Undersecretary of State for Human Rights and Justice of Honduras, said that it was State policy to defend human rights, and that was enshrined in Honduras’ legislation. Honduras had been one of the first countries to co-sponsor a resolution to protect defenders of economic, social and cultural rights, to which it assigned great importance. Those questions that the delegation had not answered now would be answered later.


For use of the information media; not an official record

CAT16/015E