E/CN.4/1990/17
page 72
informal way, investigations on alleged violations of human rights; the staff
has direct access to police-stations and military barracks. If an allegation
has been found to be justified the competent authorities are invited to take
the necessary steps to start a criminal procedure.
242. According to information from non-governmental sources received by the
Special Rapporteur, legal provisions, in particular those regarding arrest and
detention, are violated on a wide scale. It was said that very often arrests
were made without a legal warrant, that the arrested person was not allowed to
make use of his constitutional right to have his relatives informed, that the
24-hour rule was not respected as arrested persons were often held
incommunicado for up to seven days or more, and that during this period of
incommunicado detention they were regularly tortured (the most common methods
being: beating, the application of electric shocks, hooding - leading to near
asphyxiation - and psychological threats). During his visit the Special
Rapporteur was provided by a non-governmental organization with a file
containing 572 cases of alleged torture, committed between 1980 and
19 September 1989). Furthermore, it was stated that the judiciary were not
sufficiently active in taking up habeas corpus procedures, that allegations
about torture were not investigated in a serious way and that steps were
hardly ever taken to prosecute members of the police or the armed forces on
the charge of violation of article 333 of the Penal Code.
3.
Evaluation and recommendations
243. The political climate in Honduras seems, to a high degree, to be
determined by strongly-held ideological positions. The spread of communism is
seen as the most important threat by the authorities, in particular by the
armed forces which have a very important place in the State structure. The
oldest and most important non-governmental human rights organization (CODEH)
is regularly accused of making unfounded allegations for political reasons. A
member of the judiciary told the Special Rapporteur that nowadays practically
every suspect claims that he has been tortured, but that these allegations
very rarely turn out to be well-founded.
244. After a visit of merely three days, the Special Rapporteur is not in a
position to determine whether the allegations about the widespread practice of
torture are well-founded or whether the authorities are right when they
maintain that the majority of these allegations are made for political reasons.
245. The mere fact, however, that .according to the civil and military
authorities more than 1,200 members of the police and the military have been
punished or disciplined for abuse of authority is in itself an indication that
the fundamental human rights which are guaranteed by the Constitution and by
international instruments are not fully respected. During a briefing by the
head of the Department of Forensic Medicine, the Special Rapporteur was
informed that during the month of May 1989 three out of 15 allegations of
torture had proved to be well-founded. And a member of the Supreme Court
stated that although all arrests must be carried out on the basis of warrants,
in reality there were many cases in which arrests were made without such a
warrant.
246. The human rights situation, therefore, certainly gives rise to concern.
As the great majority of the allegations received by the Special Rapporteur
refer to torture practised during incommunicado detention beyond the 24-hour
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