CAT/C/HND/CO/2
Social protest and the suppression of demonstrations calling for a return to the rule of
constitutional law
35.
The Committee deems insufficient the explanations provided by the State party with
regard to the meagre results achieved in the investigation and prosecution of serious human
rights violations, including acts of torture and ill-treatment, carried out in 2009 in the
context of social protest and the suppression of demonstrations calling for a return to the
rule of constitutional law. The Committee has also not received any information about the
alleged obstruction of criminal investigations into such acts by members of the armed
forces and officers of the various directorates of the National Police (arts. 2, 12, 13 and 16).
36.
The State party should:
(a)
Ensure that prompt, impartial and effective investigations are conducted
into all allegations concerning violations of the Convention committed by police
officers and members of the armed forces following the events of 28 June 2009, and
provide information about the progress made in the investigations and criminal
proceedings initiated;
(b)
Ensure that the alleged perpetrators of and accomplices to torture,
including persons in positions of command, are duly prosecuted and, if found guilty,
given penalties commensurate with the grave nature of their acts.
Independence of the judiciary
37.
The Committee expresses its concern about the irregularities found in the highly
politicized disciplinary proceedings brought against judges and magistrates during the
reporting period, in particular those relating to unfair dismissals following the 2009 coup
d’état. In this regard, the Committee hopes that the State party will implement the judgment
rendered on 5 October 2015 by the Inter-American Court of Human Rights in the case of
López Lone et al. v. Honduras once the Court has issued a decision with respect to the
written statement submitted by Honduras on 4 February 2016. The Committee is also
concerned about the concentration of administrative and judicial functions in the hands of
the President of the Supreme Court as a result of the dissolution of the Council of the
Judiciary following the judgment issued by the High Court on 11 February 2011, which
declared unconstitutional the Act on the Council of the Judiciary and the Judicial Service.
While noting that a draft bill on a new council of the judiciary is being prepared, the
Committee deplores the fact that the judicial service is at present governed once again by
the Judicial Service Act of 1980, which is marred by serious shortcomings with respect to
disciplinary proceedings (art. 2).
38.
In the light of its previous recommendation (CAT/C/HND/CO/1, para. 10), the
Committee considers it essential that legislative measures be adopted to guarantee the
independence of the judiciary. In addition, the Committee wishes to draw the State
party’s attention to the Bangalore Principles of Judicial Conduct (E/CN.4/2003/65,
annex). The State party should take the necessary legislative measures to guarantee
the separation of administrative and judicial functions within the judiciary.
Enforced disappearance
39.
The Committee notes with concern the lack of progress in the search for and
identification of the remains of persons who disappeared under the authoritarian regimes
prior to 1982. It also expresses its concern about the lack of information on measures of
redress and compensation ordered by the courts or other State bodies (arts. 2, 12, 13, 14 and
16).
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