ill-treatment.
16.At the conclusion of its visit, the Subcommittee presented its confidential preliminary conclusions to the Honduran authorities and
invited them to submit comments by 23 October 2009. The Subcommittee is grateful for the comments received from the Office of
the Attorney-General, the Ministry of Security, the Ministry of Foreign Affairs and the National Commissioner for Human Rights,
which are contained in this report.
17.Through this report, drawn up in accordance with article 16 of the Optional Protocol, the Subcommittee conveys to Honduras the
observations and recommendations resulting from its visit as they relate to the treatment of persons deprived of their liberty, with a
view to improving the protection of such persons against torture and ill-treatment. The report of the visit forms an important part of
the dialogue between the Subcommittee and the Honduran authorities concerning the prevention of torture and ill-treatment. In
keeping with article 16, paragraph 2, of the Optional Protocol, this report is confidential unless the Honduran authorities request or
decide upon its publication.
I.Social and political context in which the visit was conducted and cooperation
by the State party authorities
18.The Subcommittee informed the State party of its intention to visit Honduras in 2009 by letter dated 12 February 2009. In a letter
dated 1 May 2009, the Subcommittee informed the Permanent Mission of Honduras to the United Nations Office at Geneva that the
visit would take place from 13 to 22 September 2009 and requested its cooperation in the conduct of the visit. Among other things,
and following its usual practice, the Subcommittee asked that delegation members should be issued with accreditation that would give
them access to all facilities and premises where there might be persons deprived of liberty, and that liaison officers should be
designated in order to ensure adequate communication and coordination between the delegation and the Honduran authorities.
19.Following the events of 28 June 2009 in Honduras, the Subcommittee confirmed its intention to visit on the planned dates and
repeated its request for cooperation. Given the situation prevailing in the country, the Subcommittee was of the view that its work on
the prevention of torture and ill-treatment had taken on particular relevance. On 27 July 2009, the Permanent Mission in Geneva
informed the Subcommittee of its willingness to cooperate. Honduras had demonstrated its openness to international human rights
mechanisms on 24 July 2009, when it had issued a standing invitation to the Human Rights Council special rapporteurs to visit the
country.
20.The Subcommittee was fully aware of the intense debate regarding the legitimacy of the governing authorities after 28 June 2009.
However, without engaging in an analysis of this highly political issue, the Subcommittee felt it was necessary to address itself to the
authorities with direct responsibility for ensuring effective respect for the right of detainees to decent treatment, regardless of the
circumstances. This need became ever more acute as reports began reaching the Subcommittee from late June onwards of numerous
situations of torture and ill-treatment in the context of demonstrations protesting against the breakdown of constitutional government.
In view of the de facto status of the Government at the time of its visit, the Subcommittee did not meet with the President or any of his
ministers, or with any of the most senior officials appointed by them.
21.Being aware of the gravity of the political and social crisis Honduras was going through at the time of the visit, the Subcommittee
decided to focus on the prevention of torture and ill-treatment in the context of the protest movement, and it received numerous
witness statements concerning incidents covered by its mandate occurring after 28 June 2009. This report describes many of those
incidents.
22.In addition, the Subcommittee itself witnessed acts of violence that took place during the suppression of demonstrations
demanding the restoration of the constitutional order. The Subcommittee was in Honduras on 21 September 2009, the day President
Zelaya returned to the country and took refuge in the Brazilian embassy. That day a curfew was ordered from 4 p.m. and the airports
were closed. As a result, the members of the Subcommittee were unable to leave the country on 22 September, the last day of their
visit. On 23 September, with the airports still closed and the curfew in place for much of the day, the members of the Subcommittee
left the country by road with a police escort.
23.While it regrets the circumstances surrounding the last two days of its stay in Honduras, the Subcommittee expresses its gratitude
to the Honduran authorities who facilitated its visit. The representatives of the various bodies the Subcommittee asked to meet
attended those meetings, sometimes at very short notice. Access to places of detention was rapid and unimpeded and in every case
the authorities in the places visited showed themselves ready to cooperate with the Subcommittee. The Subcommittee also wishes to
place on record that it enjoyed unrestricted access to persons deprived of their liberty whom it wished to interview in private, as well
as to the reports and registers it requested.
24.The Subcommittee wishes to thank the representatives of non-governmental organizations (NGOs) with whom it met for the full
and valuable information they provided, which made a significant contribution to ensuring that the visit achieved its purposes. It
likewise expresses its gratitude for the testimonies and cooperation of those persons interviewed — whether deprived of their liberty
or not — who generously agreed to share with the Subcommittee their experiences of torture and ill-treatment.
25.Lastly, the Subcommittee is deeply grateful for the support provided by the United Nations Development Programme (UNDP) in
Honduras, which proved essential for the proper conduct of the visit.
II.Information received by the Subcommittee on the use of torture and illtreatment in Honduras
26.The Subcommittee collected a great deal of information on the use of torture and ill-treatment in Honduras. The information was