Original: Spanish inter-american commission on human rights


CONCLUSIONS AND RECOMMENDATIONS



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CONCLUSIONS AND RECOMMENDATIONS


  1. The situation of violence and insecurity in Honduras described in this report has direct repercussions on the population’s enjoyment of their human rights. The Commission acknowledges the State’s efforts to address that situation. However, the information received indicates that Honduras still faces major challenges in ensuring the effectiveness of the measures adopted, as well as challenges to adopt additional reforms to strengthen the legal framework and the public policy. Those challenges involve the prevention of violence, the State’s response to it, and the subsequent investigation and punishment of violent acts.

  2. In addition, the high levels of inequality and social exclusion still found in the country and which affect broad sectors of the population demand the urgent adoption of plans and policies and the strengthening of institutions in order to ensure access to basic needs and services, health, education, employment opportunities under conditions of equality, and natural resources such as land.

  3. According to the above analysis and the particular monitoring that the IACHR has given to the human rights situation in Honduras, the Commission extends the following recommendations to the State:
    1. General Recommendations

31.Citizen Security


  1. Take comprehensive steps to ensure citizen security, particularly as regards the murder rate; this will require the adoption of urgent measures to attack the structural causes of that violence and of impunity, and to protect the population from those situations. It is vital that the State of Honduras undertake, on an urgent basis, investigations to clear up the deaths of campesinos, people deprived of freedom, human rights defenders, journalists and media workers, women, children and adolescents, and LGBT people, and to prosecute and punish the persons guilty of those offenses.

  1. Increase and intensify the training for the public servants responsible for law and order on protecting and respecting human rights.

  2. Retire the Armed Forces gradually from law enforcement activities. On the meantime, the Military Police must be regulated by strict criteria related to transparency of information to the citizens. In this regard, an effective judicial and institutional supervision on the lawfulness of their actions is essential. Also, any human rights violation perpetrated in this context by this group should be duly investigated and prosecuted.

  3. Strengthen the capacity of police on law enforcement activities according to the international human rights standards.

  4. Guarantee the conditions so that defenders of human rights can freely pursue their activities, and refrain from taking any actions or adopting any legislation that could restrict or hinder their work.

  5. Implement the actions necessary to make the protection system operational, in consultation with the beneficiaries and those other people who are at risk. That will require adequate numbers of trained personnel to deal with protection requests, assess the level of risk, adopt and enforce protective measures, and to monitor those measures that are already in force.

  6. Ensure due control and oversight of private security companies in Honduras.

  7. Review the legislation on the use and possession of firearms in order to regulate their sale and licensing.

  8. Increase and improve the human and material resources assigned to the prompt, diligent, and impartial investigation of killings of defenders, indigenous peoples and Afro-descendants, union leaders, children and adolescents, journalists and media workers, women, LGBT people, and apply the corresponding criminal sanctions, in order to avoid impunity and the repetition of similar incidents.

  9. Ensure public involvement in the design and implementation of public policies in the area of human rights and those related to corruption and impunity. This includes the adoption of measures to increase transparency in public spending and to enforce accountability among all government agencies.

  10. Provide the CONADEH with the resources and conditions needed for it to operate with independence and effectiveness.

32.Administration of justice


  1. Increase and improve the human and material resources assigned to the prompt, diligent, and impartial investigation of acts of violence against defenders (including the defenders of indigenous peoples and Afro-descendants), union leaders, children and adolescents, journalists and media workers, women, LGBT people, and justice operators, and apply the corresponding criminal sanctions, in order to avoid impunity and the reoccurrence of similar incidents.

  2. Guarantee the independence and impartiality of justice operators and their freedom from all types of pressure, as a necessary condition for them to perform their tasks of investigating, prosecuting, and punish offenders who violate human rights.

  3. Pursue actions for institutional strengthening and judicial independence in processes for the appointment and promotion of judges, in accordance with international standards.

  4. Establish specific protection mechanisms for justice operators and their families.

  5. Ensure that the offenses and sanctions applicable to justice operators are duly established by law and in compliance with international human rights standards.

  6. Review the Law for the Classification of Public Documents Related to National Security and Defense and the corresponding regulations, to ensure their compatibility with the principles set out in international human rights law.

  7. While the State is adopting the necessary measures to ensure that the institution in charge of law enforcement is the police, take the necessary steps to ensure proper judicial and institutional oversight of the actions of the military police and ensure that any human rights violations they perpetrate are duly investigated and punished.

  8. In connection with the judges and prosecutors with jurisdiction over the entire nation, the Commission urges the State of Honduras to review those provisions and ensure that they are compatible with standards of independence and impartiality that must exist in the investigation and punishment of those responsible for human rights violations.

  9. Strengthen the juvenile justice system, in accordance with international human rights standards.


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