E/CN.A/1990/17
page 75
253. In order to prevent torture and other violations of basic human rights,
training of law enforcement personnel is highly important. It is to be
welcomed that the Security Forces (FSP) in June 1988 officially adopted the
United Nations Code of Conduct for Law Enforcement Officials. The Special
Rapporteur was also informed that a greater emphasis on human rights was to be
given in training programmes in co-operation with, among others, the
Inter-American Institute for Human Rights in San Jose, Costa Rica.
254. A remark made in passing to the Special Rapporteur, namely that the
Honduran Constitution reads like a human rights treaty, is basically correct:
all guarantees for the protection of human rights are eoundly anchored in the
Constitution. Neither i6 there reason to doubt the sincerity of the
Government's intention to take its reponsibility with regard to the protection
of human rights seriously. The establishment of the Inter-Agency Committee on
Human Rights in 1987 is only one token of that intention. If, none the less,
the respect for basic human rights, in actual practice, is less well
guaranteed than may be deduced from the Constitution, this may be due to some
structural weaknesses in the system which is entrusted with the task of
protecting these rights. The Special Rapporteur is not in a position to
evaluate whether these weaknesses can be cured in the near future. They may
be the result of financial strains but also of political controversies. He
feels, however, that it is his duty to make the following recommendations:
(a) A strong and independent office of a public prosecutor (fiscalia)
should be established within the Office of the Attorney-General. It should be
competent to investigate, ex officio. all crimes, including the violation of
human rights by officials, and to bring such cases to court;
(b) Steps should be taken to bring back the police under civilian
authority; as an initial measure, a judicial police force should be
established in order to enable the judiciary and the public prosecutor to
carry out their function properly;
(c) Officials who have abused their authority by seriously violating
basic human rights, including torture, should be brought to trial without
delay and, when found guilty, severely punished. Since the abuse of authority
with regard to civilians is a common crime, irrespective of whether it was
committed by civilian or military officials, civilian courts should deal with
such cases in conformity with article 91 of the Constitution;
(d) Each detainee who cannot afford to pay a lawyer should be provided
with legal counsel within 2k hours after his arrest;
(e) Only evidence obtained during interrogation in places of detention
determined by the law and under normal conditions should be admitted in court;
(f) In the training programmes of all military and law-enforcement
personnel, high priority should be given to the necessity of respecting basic
human rights under all circumstances;
(g) Ratification of the International Covenant on Civil and Political
Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and the Inter-American Convention to Prevent and
Punish Torture would be a meaningful contribution to the prevention and
suppression of torture.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents