A/HRC/43/3/Add.2
application of more lenient criminal sanctions in ongoing corruption cases, undermine the
fight against impunity.4
7.
The decree also decreases prison terms for femicide by 15 years (from a maximum
penalty of 40 years to 25) and foresees only a penalty of 1 to 4 years for a newly introduced
criminal offence on violence against women. The prohibition of abortion in all
circumstances, including in cases of rape or incest, or when the life and/or health of
pregnant women is at risk and in cases of severe fetal impairment, was criticized by
Articulación 611, an alliance of civil society organizations formed to analyse the new penal
code. OHCHR is concerned about the negative impact of the new Penal Code on the right
to freedom of opinion and expression, the continued criminalization of conduct as libellous
or slanderous and the introduction of criminal responsibility for crimes committed through
the media. Numerous constituencies, notably civil society, the private sector and academia,
have called on Congress to repeal the decree or postpone its entry into force.5 The vacatio
legis was extended to 10 May 2020.
8.
The year saw several high-profile criminal cases in domestic and foreign courts
against former and current State officials, directors of State companies and senior political
figures and their relatives. In September, the Special Prosecution Unit on Corruptionrelated Impunity of the Office of the Attorney General filed its thirteenth case with the
support of the Mission against Impunity and Corruption in Honduras, bringing to around
400 the number of individuals investigated for corruption. The Government announced that
it would enter into discussions with the Organization of American States (OAS) on the next
phase of the Mission,6 the current mandate of which expires on 19 January 2020. At the
request of the Government, OAS issued an “integral evaluation” of its performance on 9
December, in which it recommended that the existing agreement be extended.
9.
In October, a court in the United States of America condemned the brother of the
President of Honduras and former member of Congress, Tony Hernández, on charges of
possession and trafficking of drugs and weapons. The verdict attracted international
attention. The prosecution referred to the infiltration of organized crime in Honduran
institutions.7 In a note verbale on 15 October, the Ministry of Foreign Affairs of Honduras
complained to the United States, arguing that the negative comments made during the trial
of Tony Hernández and the negative depiction of Honduras affected the interests of the
State.
III. Poverty and economic and social issues
10.
Poverty levels remain high, with 59.3 per cent of households living in poor
households in 2019.8 As of October 2019, no data were available on the prevalence of
multidimensional poverty in 2018 and only preliminary data could be obtained for 2017 and
2018.9
11.
Given the relatively high prices of the basic food basket, housing, water and
electricity, poorer households were unable to access basic commodities and services,
including health care and education. In addition, the social protection system remains
4
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9
See www.oas.org/es/sap/dsdme/maccih/new/docs/Analis-Juridico-Del-Nuevo-Codigo-PenalMACCIH2019.pdf (in Spanish).
See, for example, www.cna.hn/2019/09/05/nuevo-codigo-penal-permite-que-el-robo-de-un-celularsea-mas-grave-que-robarse-el-presupuesto-de-una-secretaria/; https://juecesporlademocracia.org/
asociacion-de-jueces-por-la-democracia-presento-propuesta-de-ampliacion-de-vacatio-legis-yreformas-al-nuevo-codigo-penal/; and www.cejil.org/es/cejil-nuevo-codigo-penal-hondurasfacilitaria-criminalizacion-defensa-derechos-humanos (all in Spanish).
See www.oas.org/es/centro_noticias/comunicado_prensa.asp?sCodigo=C-115/19.
See United States of America v. Juan Antonio Hernández Alvarado, available at
www.insightcrime.org/wp-content/uploads/2019/09/Tony-Hernandez-Filing.pdf.
See National Statistical Institute, “Encuesta permanente de hogares de propósitos múltiples 2019”,
available from www.ine.gob.hn/V3/ephpm/.
See http://ipm.scgg.gob.hn/index.php/2019/07/31/serie-ipm-2012-2018/ (in Spanish).
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