E/CN.A/1990/17 page 69 226. Honduras is a party to the American Convention on Human Rights of 1969 and has accepted the jurisdiction of the Inter-American Court of Human Rights under article 62 of that Convention. In April 1986 it signed the Inter-American Convention to Prevent and Punish Torture but has not yet ratified it. Although it i6 a party to the International Covenant on Economic, Social and Cultural Rights, it has not yet ratified the International Covenant on Civil and Political Rights of which it is a signatory, nor has it acceded to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which it did not sign at its conclusion. According to article 18 of the Constitution, international conventions have priority over national law, in cases of conflicting provisions. 227. When the Special Rapporteur asked whether the Government intended in the near future to ratify those regional and world-wide human rights conventions to which it i6 not yet party, the reply was that this was certainly a policy goal. However, at the present moment, the political climate in the country was not appropriate to send these conventions to Congress for their approval. The fact that the Inter-American Court of Human Rights had recently decided that the Honduran Government was responsible for the disappearance of a number of persons in 1981 and 1982 and therefore should pay compensation to their relatives had created a shock in the country. Although the Government intended to comply with these decisions of the Court, the acceptance of new international commitments could at present meet some opposition. 228. According to article 84 of the Constitution nobody may be arrested without a warrant issued by a judge unless the suspect is apprehended in flagrante delicto. Once a person is arrested he must be informed of the reason of his arrest; moreover he must be permitted to inform a relative or some other person of his choice about his arrest. Article 85 says that an arrested person may only be detained at places determined by the law. In any case, nobody may be kept incommunicado for a period longer than 24 hours without an authorization of the competent judge. After six days' investigative detention the detainee has to be brought before the judge who will decide whether he should be remanded or released (article 71 of the Constitution). The decision of the judge that the suspect is to be remanded mu6t be given to him in person and he has to sign a document in which he acknowledges his remand. All these provisions may be suspended in time of emergency (art. 187) but since no state of emergency has been declared recently, these provisions are all applicable. If a person cannot afford to appoint a lawyer of his choice because of lack of means, he will be provided with a lawyer by the authorities (art. 83). 229. During investigative detention it is absolutely forbidden to use force or coercion in order to extract a confession. Only statements made before a judge may be used as evidence (art. 88). A person is presumed innocent unless he has been declared guilty by a judicial body (art. 89). 230. When a person has been arrested and kept in detention in violation of the rules just mentioned or when during that investigative detention he has been tortured or threatened, the habeas corpus procedure may be set in motion. A request for habeas corpus (or exhibicion personal) can be made without any formalities; it can be presented in writing or verbally, even by telephone; no authorization is required. A petition for habeas corpus must be filed with the Supreme Court when the person is detained by the army or the police and

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