130.CONADEH stated that the reform of the Police Act during President Zelaya’s term of office divested the National Commission for Internal Security (CONASIN) of its basic responsibilities, consolidated the absolute institutional power of the police by removing any possibility of at least two of the General Directorates being run by officials not members of the police force, and reduced external oversight. Habeas corpus 131.Article 182 of the Constitution establishes the guarantee of habeas corpus or personal appearance in the following terms: “Any aggrieved person or anyone acting on their behalf may apply for habeas corpus: (1)When they have been unlawfully arrested, detained or in any way impeded from enjoying their individual liberty; and (2)When, during lawful detention or imprisonment, the detainee or prisoner is subjected to abuse, torture, ill-treatment, illegal extortion or any form of coercion, restriction or harassment not required for their individual safety or for maintaining order in the prison.” 132.A habeas corpus action may be instituted with no requirement for authorization or formality, orally or in writing, by any means of communication, on working days or non-working days and free of charge. 133.Judges and magistrates may not dismiss a habeas corpus action and are under an absolute obligation to take immediate steps to halt the violation of personal liberty or safety. 134.This fundamental safeguard of the right to individual liberty, physical integrity and decent treatment is vital for the prevention of torture and other cruel, inhuman or degrading treatment, especially in states of emergency or situations of intense political and social conflict. The Subcommittee has ascertained that the constitutional and legislative norms in force in Honduras do not impede the simple and speedy implementation of habeas corpus in its various forms, whether to prevent or terminate unlawful or arbitrary detention or to address any unlawful deterioration in the conditions of detention. 135.Some judges, true to their calling, have made commendable efforts to effectively apply habeas corpus. Thus, the Subcommittee took note of habeas corpus cases that were dispatched in a simple and expeditious manner by lower court, appeal court and enforcement judges, at times by phone, which led to the release of many persons unlawfully detained after the events of 28 June 2009. 136.However, the Subcommittee also received complaints of habeas corpus proceedings that had been so slow that they failed to serve their purpose of precluding or terminating unlawful detention. It also took note of cases in which a court ruling requiring the cessation of unlawful deterioration in conditions of detention was not duly implemented by the prison authorities. 137. The Subcommittee recommends that: (a) The senior authorities in the institutions responsible for implementing habeas corpus take the requisite steps to ensure the effectiveness of this fundamental safeguard against torture or other cruel, inhuman or degrading treatment or punishment; (b) The effectiveness and absolute non-derogability of habeas corpus be guaranteed in states of emergency; (c) A central habeas corpus register, under the auspices of the Supreme Court, be created as a matter of urgency; (d) A register of cases of torture and other cruel, inhuman or degrading treatment or punishment brought before the Honduran courts be created under the auspices of the Supreme Court; (e) Training be provided to the various actors — judges, prosecutors and public defenders — in order to disseminate the good practices noted; (f) A prompt, thorough investigation be conducted into the irregularities that have impeded the proper functioning of the guarantee of habeas corpus, including the attack on enforcement judge Osmar Fajardo on 3 August 2009 when he was involved in habeas corpus proceedings at police station No. 1 in San Pedro Sula. 138.In its comments on the Subcommittee’s preliminary observations, the Ministry of Security suggested that the National Police should be included in the training programmes mentioned above. It noted that, since the switch to the adversarial system, many resources had been invested in training judges, prosecutors and public defenders, but not police officers. Consequently, as the new criminal procedure came into effect, the police had made mistakes that could have been avoided with better training, and which are only now being remedied after several years’ experience. V.Situation of persons deprived of their liberty in police custody 139.In Tegucigalpa the Subcommittee visited Metropolitan Divisions Nos. 1 and 3, the Manchén district station, the Kennedy district station and the headquarters of the National Criminal Investigation Directorate (DNIC). In San Pedro Sula and the vicinity, the Subcommittee visited Departmental Division No. 5 in Choloma and Metropolitan Division No. 2. During these visits the Subcommittee held private interviews with detainees, both individually and in groups. The Subcommittee was also able to examine the books in which day-to-day events in the life of the establishments are recorded, including in particular the register of detainees, to discuss the running of the establishments with staff members on duty, and to visit the premises.