A/HRC/4/40/Add.4
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D. Juvenile justice
56.
In a country in which one half of the population is below 18 years of age, the treatment of
juvenile offenders is of major importance. Regarding juvenile justice, the Childhood Code
provide Honduras with a legislative framework fully compliant with the relevant provisions of
the Convention on the Rights of the Child: a separate judicial system is established for minors in
conflict with the law, the primacy of education and rehabilitation over punishment are stressed in
unmistakable terms, the exceptional character of detention as a sanction for young offenders is
clearly stated. Moreover, the Honduran Institute for Childhood and Family (IHNFA), the
government agency charged with the protection and promotion of the rights of the child and not
the general penitentiary system, is in charge of managing the detention facilities for young
offenders.
57.
The Working Group has also noted that the new management of IHNFA, which had only
been in office for a few months at the time of the visit, appears to be fully committed to turning
the promise of the Childhood Code into reality. The Inter-American Commission on Human
Rights made a request for interim measures of protection in December 2004 in view of the
terrible conditions of detention at the “Renaciendo” centre. In October 2005 and April 2006 the
Supreme Court of Honduras issued orders to IHNFA in habeas corpus proceedings initiated by
the human rights prosecutors of Tegucigalpa and San Pedro Sula in favour of the internees of the
“Renaciendo” and “El Carmen” centres. When the Working Group visited those two centres it
observed that significant efforts were under way to improve the conditions of detention,
particularly at “Renaciendo”, where the detained youths acknowledged, in private interviews
with the members of the delegation, the efforts made by the new administration. However,
despite the efforts made recently by IHNFA, much remains to be done to improve the conditions
of detention and to ensure respect for human dignity and detainees’ rights.
E. Role of specialized human rights prosecutors
and Human Rights Commissioner
58.
In addition to the institutions mandated under the Criminal Procedure Code with
monitoring the legality of detention, that is primarily the juez de ejecución, the public prosecutor
and the defence counsel, the Human Rights Commissioner has a role in the prevention of
arbitrary detention. In this respect, the Commissioner’s power of unrestricted access to all
detention facilities and the police’s obligation to report all cases of detention to the
Commissioner provide the population with important protection.
59.
Also the creation of the special human rights prosecutors has the potential to add a layer
of protection, as the habeas corpus proceedings brought by human rights prosecutors in favour of
the detainees of the prisons in Tegucigalpa (Valle del Tamara), San Pedro Sula and Puerto
Cortes, as well as of the internees of “Renaciendo” and “El Carmen” show. Unfortunately, their
number is limited and particularly in rural areas they are absent, also because of lacking
resources.
60.
At a more fundamental level, however, the Working Group notes that, as welcome as
these institutions may be, their efforts cannot substitute for the effective functioning of the
institution with primary responsibility in this respect, the juez de ejecución.
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