A/HRC/4/40/Add.4
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89.
Moreover, detention on remand is mandatory for persons detained on charges under
article 332 of the Criminal Code. This raises concern with regard to article 9 (3) ICCPR,
providing that “[i]t shall not be the general rule that persons awaiting trial shall be detained in
custody”.
90.
In prison mara members, whether detained on remand or upon conviction, are segregated
from the general population. The police guarding the prison only ensure from outside that the
prisoners do not escape, while inside the wing the mara leadership rules the life of the detainees
without any interference by the authorities. Rehabilitation and the preparation for a life outside
the “illicit association” upon release thereby become all but impossible. On the contrary,
membership and hierarchical structures within the mara are cemented under the Government’s
authority.
91.
The Working Group also observes that it emerged clearly from its meetings with
government officials that little effort is made to understand the phenomenon of the maras from a
sociological and criminological point of view and its roots in poverty, lack of employment
prospects for the adolescents and disintegration of the family structure. Instead, the Government
(and the media echoing the authorities) appear to be content to blame the maras for all or most of
the violence and crime occurring in Honduras, which also is understood to relieve them from
thoroughly investigating.
92.
Finally, it cannot go unmentioned that more than 100 mara members have been killed in
detention centres in the last four years under circumstances still awaiting clarification. While
these killings do not fall within the Working Group’s mandate, they are an integral part of the
State’s response to the phenomenon of maras and further taint the policy under which mara
members are detained.
H. Further issues of concern with regard to juvenile justice
93.
The Working Group observed that, notwithstanding the reforms, judges continue to use
deprivation of liberty as the primary means to combat juvenile delinquency. Of particular
concern is the general recourse to preventive detention with regard to youths accused of a
serious offence. In the centre “Renaciendo”, e.g. at the time of the Working Group’s visit 72
out of 112 detainees were in preventive detention, and only 40 serving “socio-educational
measures”. Moreover, the juvenile justice system is understaffed. There are only 9 or
10 juvenile judges. Although being a juvenile judge requires specific additional training and
skills, the role is considered minor. In parts of the country where there is no juvenile judge,
young offenders will end up before the regular (adult) court system, at least during initial phase
of criminal proceedings.
94.
In the IHNFA facilities, far too little is done for the education of the minors and to teach
them skills that will allow them to find a job upon release. Moreover, as there are juvenile
detention centres only in the Valle de Tamara near Tegucigalpa and in San Pedro Sula, young
offenders are often isolated from their family and community. These shortcomings risk standing
in the way of IHNFA’s mission of putting the internees on a track that will not lead to relapsing
into criminal activity once released.
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