Original: Spanish inter-american commission on human rights
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420 Article 24 of Decree 110-2014. The State, in its response to the draft of this report, indicated that paragraph 23 of Article 24 of Decree 110-2014 does not deny a prosecutor the right to file an appeal of the Attorney General’s decisions in cases involving internal movement or rotation. Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 421 Government of Honduras. Information provided by the State of Honduras during the on-site visit. Informe Final de la Visita, December 4, 2015. 422 IACHR. Access to Justice and Social Inclusion: The Road towards Strengthening Democracy in Bolivia. Available at: http://cidh.org/pdf%20files/BOLIVIA.07.ENG.pdf. 423 IACHR. Guarantees for the independence of justice operators: Towards strengthening access to justice and the rule of law in the Americas. OEA/Ser.L/V/II. Doc. 44, December 5, 2014, para. 36. Available at: http:–//www.oas.org/es/cidh/defensores/docs/pdf/Justice-Operators-2013.pdf. 424 IACHR. Guarantees for the independence of justice operators: Towards strengthening access to justice and the rule of law in the Americas. OEA/Ser.L/V/II. Doc. 44, December 5, 2014, para. 44. Available at: http://–www.oas.org/es/cidh/defensores/docs/pdf/Justice-Operators-2013.pdf. 425 IACHR. Guarantees for the independence of justice operators: Towards strengthening access to justice and the rule of law in the Americas. OEA/Ser.L/V/II. Doc. 44, December 5, 2014, para. 56 and ff. Available at: http://www.oas.org/es/cidh/defensores/docs/pdf/Justice-Operators-2013.pdf. 426 The State referred to the following visits: From the 7 to 14 February 2012 visit of the Special Rapporteur of the United Nations on the Situation of Human Rights Defenders, Margaret Sekaggya; from 23 to 27 April 2012 the Rapporteur on the Rights of Persons Deprived of Liberty of the Inter-American Commission on Human Rights (IACHR); on August 2, 2013 the IACHR presented the report on the situation of Persons Deprived of Liberty in Honduras; from August 30 to September 7, 2012, Najat Maalla M'jid Special Rapporteur of the United Nations on the sale of children, child prostitution and child pornography visited Honduras; from 21 to 25 April 2014 the Special Rapporteur of the United Nations on the sale of children, child prostitution and child pornography Najat Maalla M'jid visited Honduras again in order to assess the progress since her first visit to the country in 2012, and follow up on her recommendations; from August 7 to 14, 2012, the Rapporteur of the United Nations for the promotion and protection of the right to freedom of opinion and expression Frank La Rue made an official visit in order to observe and investigate the situation of the right to freedom of expression in the Republic of Honduras; from 14 to 16 October 2013 the Special Rapporteur on the rights of the child of the Inter-American Commission on Human Rights (CIDH), Rosa María Ortiz, visited Honduras to be informed on violence against boys and girls; from 18 to 23 February 2013 visit of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination; between 14 and 18 May 2013, the Rapporteur for Honduras, Commissioner Tracy Robinson, and the Executive Secretary, Emilio Alvarez Icaza Longoria, visited Honduras as part of their participation as speakers at the Third Assembly of the Latin American and Caribbean Network for Democracy (REDLAD). Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 427 Diario La Prensa, Con oficina del Alto Comisionado vigilarán los derechos humanos, April 15, 2015. Available at: http://www.laprensa.hn/honduras/831417-410/con-oficina-del-alto-comisionado-vigilar%C3%A1n-los-d–erechos-humanos (Spanish only); Diario el Heraldo, Oficina del Alto Comisionado de Derechos Humanos abre el lunes, May 3, 2015. Available at: http://www.elheraldo.hn/pais/836377-214/oficina-del-alto-comisionado-inicia- functions. 428 Government of the Republic, General Secretariat of Government Coordination, Honduran President Proposes Creation of Integral System Against Impunity and Corruption, June 24, 2015. 429 Government of the Republic, General Secretariat of Government Coordination, Honduran President Proposes Creation of Integral System Against Impunity and Corruption, June 24, 2015. 430 The terms of the collaboration were agreed in Washington, DC, by the Secretary General of the OAS, Luis Almagro, the Foreign Minister of Honduras, Arturo Corrales, and the Under-Secretary-General for Political Affairs of the United Nations, Jeffrey Feltman. OAS. Press Release E-203/15 - Honduras: OAS and UN to Facilitate National Dialogue on Corruption and Impunity. June 29, 2015. Available at: http://www.oas.org/–en/media_center/press_release.asp?sCodigo=E-203/15. 431 OAS. Press Release E-210/15 – OAS Secretary General Supports Process of National Dialogue in Honduras with Designation of Special Representative. July 28, 2015. Available at: http://www.oas.org/en/media_ce–nter/press_release.asp?sCodigo=E-210/15. 432 OAS. Press Release AVI-143/15 - OAS Secretary General to Attend the Beginning of the National Dialogue against Impunity. August 7, 2015 Available at: http://www.oas.org/en/media_center/press_release–.asp?–sCodigo=AVI-143/15. 433 OAS. Press Release AVI-160/15 - Diálogo Nacional Honduras: Facilitador de la OEA John Biehl viaja a continuar diálogo con actores políticos. September 4, 2015. Available at: http://www.oas.org/es/centro_no–ticias/comunicado_prensa.asp?sCodigo=AVI-160/15. 434 OAS. Press Release E-219/15 - Honduras-National Dialogue: OAS Optimistic After Listening to All Sides. August 14, 2015. Available at: http://www.oas.org/en/media_center/press_release.asp?sCodigo=E-219/15. 435 OAS. Press Release E-234/15 - International Judges, with OAS Support, to Supervise Judicial Reform in Honduras to Avoid Impunity. September 16, 2015. Available at: http://www.oas.org/en/media–_center/pre–ss_release.asp?sCodigo=E-234/15. 436 OAS. Press Release E-303/15 - OAS Secretary General Announces Initiative to Combat Corruption and Impunity in Honduras. September 28, 2015. Available at: https://www.oas.org/en/media–_center/pre–ss_release.asp?sCodigo=E-303/15. 437 OAS. Press Release E-303/15 - OAS Secretary General Announces Initiative to Combat Corruption and Impunity in Honduras. September 28, 2015. Available at: https://www.oas.org/en/media_center/press–_rel–ease.asp?sCodigo=E-303/15. 438 Government of Honduras, President of the Republic, government is the first in the world to sign an agreement with Transparency International to combat corruption, October 6, 2014. Available at: http://www.presidencia.gob.hn/?p=3388 (Spanish only). 439 This policy was adopted on January 22, 2013 through Executive Decree PCM-003-2013. Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 440 Government of Honduras. Information submitted by the State of Honduras to the Commission after the on-site visit undertaken from 1 to 5 December 2014. Communication SSDHJ-090-2015 of March 20, 2015. 441 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 442 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 443 Government of Honduras. National report submitted in accordance with paragraph 5 of the annex to resolution 16/21 of the Human Rights Council, Honduras, February 9, 2015. Available at: http://www.upr-info.org/sites/default/files/document/honduras/session_22mai2015/a_hrc_wg.6_22hnd_1_en.pdf; See also: Second Report to follow up the recommendations of the Commission of Truth and Reconciliation, December 2013. Available (in Spanish) at: http://www.sdhjgd.gob.hn/biblioteca-virtual/informes-recomen–daciones-y-documentos-de-la-uscvr/24-segundo-informe-de-seguimiento-a-las-recomendaciones-de-la-cvr/file. 444 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 445 National Congress of Honduras. Decree No. 34-2015. Law and protection for human rights defenders, journalists, media and judicial officers (spanish only). The project had been submitted by the Executive Branch on May 28, 2014 before the National Congress. In early June 2014, Congress had passed the first debate. On August 6, 2014, Congress had approved on second debate the law. 446 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 447 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 448 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 449 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 450 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the visit, 4 December 2015. According to the statement by the State these funds come from the "security fee". 451 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 452 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 453 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 454 Decree No. 266-2013, Law to Optimize Public Administration, Improve Citizen Services and Strengthen Transparency in Government, published in the Official Gazette on January 23, 2014. 455 With the issuance of Legislative Decree No. 177-2010; Reform of Articles 28 and 29 of Decree No. 146-86, dated October 27, 1986, based on the General Law of Public Administration and the Secretariat of Human Rights. 456 Decree No. 266-2013, Law to Optimize Public Administration, Improve Citizen Services and Strengthening Transparency in Government, published in the Official Gazette, January 23, 2014. 457 Article 9 paragraphs 1, 2, 3, 5, 7 of the Organic Law of the National Commissioner for Human Rights. 458 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 459 Summary for the IACHR in the occasion of its visit to Honduras on November 1 to 5, 2014, December 2014. 460 The oversight or inspections are carried out to give support and research to the complaints, as well as check the status of the establishments visited, through observations, interviews and other media. 461 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 462 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 463 Its objectives are to direct, develop, manage, coordinate and monitor the implementation of national policies and legislation on children and the family, strengthen state capacities to promote, coordinate and develop and monitor plans, programs and public services and private for children care, adolescents and families, promoting national responsibility and social participation in the promotion, defense and protection of the rights of children, adolescents, and families, and others that are compatible with the above. Executive Decree PCM-27-2014 published in the Official Gazette, June 6, 2014. 464 Article 6 of Executive Decree PCM-27-2014. 465 The State also referred to the start of the project of rehabilitation and construction of educational complexes for juvenile offenders with an investment of L.47 million raised from the security tax. Government of Honduras. Information submitted by the State of Honduras to the IACHR after the on-site visit undertaken between 1-5 December 2014, communication SSDH-093-2015 of March 24, 2015. Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2014. 466 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 467 Meeting with civil society on children's issues during the on-site visit to Honduras, December 4, 2014. 468 According to civil society organizations, the “Better Life” Program, related to disabilities, is a welfare-type program. 469 COIPRODEN Document presented by the Coordinator of Private Institutions for the Rights of the Child (COIPRODEN) to be used as input to the Universal Periodic Review of the State of Honduras to be held in 2015. 470 The State, in its response to the draft of this report, maintained that most of the children and adolescents who were under the care of IHNFA had been reintegrated into their families, and others were transferred to centers that provide care for children in vulnerable situations. Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 471 Meeting with civil society on children's issues during the on-site visit to Honduras, December 4, 2014. 472 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. 473 Government of Honduras. Information provided by the State of Honduras during the on-site visit, Final Report of the Visit, December 4, 2015. The State also referred to the reform of Article 191 of the Family Code which stated that "parents are entitled to rebuke and punish appropriately and moderately children under their parental authority" it was replaced by the following: "the father and mother shall not apply to the child(ren) under their custody corrective or disciplinary measures that threaten dignity of them and their fundamental rights enshrined in the Convention on the Rights of the Child, the Code on Children and Adolescents and other laws" physical punishment at home and other care settings are expressly prohibited in the Code of Childhood and Adolescence and if necessary may be criminally prosecuted for the crime of abuse by transgression." 474 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 475 The State, in its response to the draft of this report, indicated that “with the reduced budget allocated by the government for attending to children, youth, and families, DINAF has managed to reduce by 40% the cases it handles involving human rights violations by shifting functions to various sectors, for example the health sector, education, the Public Prosecutor’s Office, the judiciary, and the Secretariat of Security. It has also coordinated efforts with more than 50 nongovernmental organizations that focus on care and assistance for children and adolescents across the country, and has entered into agreements with a number of these organizations in which they have been given a monthly budget to provide comprehensive assistance for children who lack legal representation and for whom the State takes on this responsibility in the absence of a family member.” Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 476 Government of Honduras. Information submitted by the State of Honduras to the Commission after the on-site visit from 1 to 5 December 2014. Communication SSDHJ-090-2015 of March 20, 2015. 477 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 478 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 479 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. Directory: iachr -> reports -> pdfs iachr -> Annual report of the office of the special rapporteur for freedom of expression iachr -> Admissibility iachr -> Report on the merits iachr -> Triunfo de la cruz iachr -> Chapter IV. 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