A/HRC/4/40/Add.4
page 17
be held in the “Escorpión”, or whether these criteria are written down in a set of rules accessible
to the detainees and the outside world. There appear to be no written decisions referring
detainees to “Escorpión”, no accessible information on the motives and duration of the isolation
measure, no means to challenge the sanction. The juez de ejecución and public defence lawyers
do not appear to ever enter the “Escorpión”, so that the detainees there are basically
incommunicado.
2. The situation in the juvenile detention centres
66.
Similarly, and notwithstanding the undoubted efforts recently made by those in charge of
the juvenile detention centres “Renaciendo” and “El Carmen”, there are currently many juveniles
deprived of their liberty without legal basis. Registers and individual files of detainees in
IHNFA facilities are in a catastrophic state. They do not reflect the situation on the ground, but
they are often sufficient to determine that the internee is being detained without a legal basis,
either because he has served his socio-educative measure, as juvenile sentences are called, or
because the preventive internment order has not been renewed, or because detention has been
extended beyond the limits provided for in the law. IHNFA argues that even when an internment
order has expired it cannot release an internee without a judicial order to do so, and the Working
Group does not doubt that this claim is made in good faith. But this stance simply overlooks the
fact that in the absence of a judicial decision justifying detention, the deprivation of liberty is
without legal basis and thus arbitrary.
3. The situation in police stations
67.
As stated above, the Working Group is under the impression that the police are generally
taking their duty to comply with the strict and short time limits for police detention of suspects
seriously. However, as with prisons and juvenile facilities, records of arrests, detentions,
transfers and releases at police stations are in a deplorable state and do in fact not allow a real
control of the legality of detention. In the course of the visit, the Working Group delegation
repeatedly drew the attention of the police to the importance of registers showing whenever a
person is taken into custody and all changes in the detainee’s status, with proof (stamp and
signature) of the responsible authority, as an X-ray of detention essential for the prevention of
abuses.
B. Lack of effectiveness of public defenders
68.
The new criminal code introducing the adversarial system significantly increases the role
and the responsibility of defence counsel in the criminal trial. In a country like Honduras, in
which a significant portion of the population is too poor to afford a private lawyer, the role of the
public defender is absolutely central to equality of arms in the criminal process and the
prevention of arbitrary detentions. In fact, according to information received by the Working
Group, more than half of the criminal defendants have to rely on a public defender. In the four
years since the entry into force of the new criminal procedure code, the number of public
defenders has grown from 90 to approximately 250.
69.
This sharp increase in the number of public defence lawyers is to be warmly welcomed.
However, the resources assigned to this public service indispensable for the rule of law remain
insufficient. Public defenders appear to lack fundamental office equipment, such as computers
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