measures to ensure that the guarantees required to prevent torture are applied in practice.
279.The Subcommittee recommends that the Office of the National Commissioner for Human Rights (CONADEH):
Step up its regular visits to detention centres; the visits should include direct contact with the detainee and on-site inspections of the
premises in order to monitor the conditions in which detainees are held and the kind of treatment they receive
Respond promptly and effectively to any complaints it receives of torture or cruel, inhuman or degrading treatment
Comply rigorously with its legal mandate to report violations of which it has knowledge to the Public Prosecutor’s Office, and ensure
effective oversight of action taken by the judicial authorities
280.The Subcommittee recommends that the powers of CONADEH should be extended to allow it to order a forensic medical
examination where torture or ill-treatment is suspected.
281.With regard to the Police and Harmonious Social Relations Act the Subcommittee recommends that:
(a)The law be amended to ensure that offences liable to police custody are properly defined in accordance with criminal law and to
ensure due process of law in all circumstances without exception;
(b)Senior police authorities, judicial authorities (judges and public defenders), representatives of the Public Prosecutor’s Office and
representatives of the Office of the National Commissioner for Human Rights order whatever measures they deem to be necessary
within their areas of competence to halt the routine and widespread exercise of police powers in a manner that violates fundamental
rights;
(c)Regulations be introduced governing official registers in police stations to ensure that they contain full and detailed information
regarding every case of police custody;
(d)A central computer-based register be created as a matter of urgency at the Ministry of Security, containing information concerning
persons detained under the above-mentioned Act (date and time of arrival and departure, reason for detention and police officers
involved) and providing the possibility of producing reliable and transparent statistical data.
282.With regard to habeas corpus, the Subcommittee recommends that:
(a)The senior authorities in the institutions responsible for implementing habeas corpus take the requisite steps to ensure the
effectiveness of this fundamental safeguard against torture or other cruel, inhuman or degrading treatment or punishment;
(b)The effectiveness and absolute non-derogability of habeas corpus be guaranteed in states of emergency;
(c)A central habeas corpus register, under the auspices of the Supreme Court, be created as a matter of urgency;
(d)A register of cases of torture and other cruel, inhuman or degrading treatment or punishment brought before the Honduran courts
be created, under the auspices of the Supreme Court;
(e)Training be provided to the various actors — judges, prosecutors and public defenders — in order to disseminate the good
practices noted;
(f)A prompt, thorough investigation be conducted into the irregularities that have impeded the proper functioning of the guarantee of
habeas corpus, including the attack on enforcement judge Osmar Fajardo on 3 August 2009 when he was involved in habeas corpus
proceedings at police station No. 1 in San Pedro Sula.
283.With regard to enforcement judges, the Subcommittee recommends that the State party should:
(a)Enact reforms that establish an adequate legal basis for the duties currently performed by enforcement judges in relation to persons
in pretrial detention, in particular in ensuring compliance with the maximum periods of pretrial detention. In this connection, provision
should be made as a matter of urgency for a system whereby judges and trial courts can communicate their decisions on pretrial
detention and sentences to enforcement judges immediately. The existing restrictions on access to such information prevent
enforcement judges from investigating possible violations of due process, such as excessive delays due to inaction on the part of
prosecutors, public defenders or judges, or investigating the omission of essential procedures (application by the prosecutor for a
preliminary hearing; applications by public defenders for discontinuance, etc.). An appropriate communication system would help to
reduce prison overcrowding, uphold legal safeguards, and limit the scope for arbitrary action and corruption;
(b)Take steps to ensure that the Prison Department keeps reliable records of admissions and releases and informs the enforcement
judges thereof in a timely manner;
(c)Take steps to ensure that enforcement judges have the auxiliary support necessary to allow them to maintain a staff presence when
they are away from their offices, as well as the means of transport necessary to enable them to increase the quantity and quality of
personal inspections of prisons;
(d)Take steps to ensure that enforcement judges receive the support from professional physicians, psychologists and social workers
necessary to ensure full compliance with relevant judicial mandates, including the issue of appropriate decisions in connection with
incidents relating to persons deprived of their liberty.
B.Situation of persons deprived of their liberty in police custody
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