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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