A/HRC/4/40/Add.4
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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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