A/HRC/4/40/Add.4 page 14 49. In the pretrial phase and during trial, minors accused of serious offences may be subjected to preventive measures, including restrictions on liberty or even internment, which are pronounced on an exceptional basis (arts. 206 and 207). Preventive internment (or other measures) can be ordered for up to 30 days and be prolonged for another of 30 days maximum, if necessary. 50. Juvenile court judges shall monitor the strict compliance with the measures (both preventive and socio-educational) they have ordered (art. 260). No child shall be admitted to an internment centre without an order issued by the competent authorities (art. 262), and a file shall be kept for each detained child. IV. POSITIVE ASPECTS A. Cooperation of the Government 51. During the entire visit, the Working Group has enjoyed the fullest cooperation of the Government in all respects. The Working Group was able to visit all the detention centres or other facilities it requested and to meet with and interview whoever it wanted, detainees identified beforehand to the Government and detainees chosen at random. The Government accepted several requests by the Working Group to change the programme of the visit. The Working Group reiterates its gratitude for the authorities’ transparency and cooperation. B. Protection against arbitrary detention in the Constitution and the new Criminal Procedure Law 52. The Constitution of Honduras provides for very detailed guarantees against arbitrary detention. The strict provisions concerning detention in unofficial sites, incommunicado detention, and judicial control over detention clearly demonstrate a strong will to prevent the recurrence of the arbitrary detention and disappearance practices of the-not-too-distant past. 53. The new Criminal Procedure Code provides for a fair, expeditious and transparent criminal trial. It brings the Criminal Procedure Law into compliance with the Constitution of Honduras and the international human rights obligations of the country. The institution of the juez de ejecución is a mechanism with great potential for effective monitoring of the legality of detention. C. Decrease in the rate and number of detainees awaiting trial 54. The application of the new Criminal Procedure Code has resulted without any doubt, in greater transparency of judicial proceedings and reduced the delays besetting the administration of justice. According to the most reliable statistics provided by the Government to the Working Group, the share of prisoners held without sentence, which in 2002 amounted to 76 per cent, had shrunk to approximately 62 per cent by March 2006. The overall number of detainees was also reduced, though only slightly: it had peaked in 2001 with more than 12,500 detainees and decreased to 12,020 as of end-2005. 55. The delegation has also observed that the authorities (judges, prosecutors and the police) take the strict deadlines for the various procedural steps and for detention set forth in the new code very seriously and generally show a strong will to respect them.

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