A/HRC/43/3/Add.2
40.
The inclusion of the Office of the Attorney General and of the President of the
Supreme Court in the National Council for Defence, which is led by the President, could
open up space for interference by the executive and brings into question crucial democratic
principles, such as the separation of powers.32
B.
Fight against corruption and impunity
41.
During the year, the Special Prosecution Unit on Corruption-related Impunity of the
Office of the Attorney General and the Mission against Impunity and Corruption brought
corruption-related charges in five cases, involving over 40 high-profile defendants,
including relatives of the former President, Porfirio Lobo, former ministers and directors of
State companies. In August, a national court sentenced the wife of former President Lobo to
58 years in prison on a range of corruption-related charges. This was the first case filed by
the Special Prosecution Unit with the support of the Mission against Impunity and
Corruption that led to a sentence.
42.
Another of the cases, known as “Corruption on wheels”, was filed in September
against officials of the National Bank of Honduras for Agricultural Development for
embezzlement of funds of the social protection programme “Bono 10mil”, with the
complicity of staff of the Office of the President.
43.
In October, the adoption by Congress of the Special Law on public funds33 and the
reform of the Law on Congress reinstating parliamentary immunity generated a public
outcry. On 28 October, the Office of the Attorney General presented an appeal against the
constitutionality of the Special Law, arguing that it promoted impunity for corruption for
public officials.
44.
In November 2018, seven individuals charged with the assassination of human rights
defender Berta Cáceres were found guilty. On 2 December 2019, more than a year after the
verdict, a tribunal issued a sentence condemning the perpetrators to penalties ranging from
30 to 50 years. The trial against the President of the company Desarollos Energéticos S.A.,
allegedly involved in the planning and execution of the killing, continued.
C.
Human rights violations by the defence and security forces
45.
OHCHR is concerned about the ongoing impunity in cases of violations perpetrated
by members of the defence and security forces.
46.
By the end of October, only a fraction of the perpetrators of the serious human rights
violations committed by the defence and security forces in the context of the protests
against the results of the 2017 presidential elections had been brought to trial. OHCHR
documented eight cases being prosecuted, but these concerned only 2 of the 22 homicides
of civilians it had documented: a case against a police officer for the killing of a child aged
16 on 4 December 2017 in Agua Blanca, department of El Progreso;34 and another against a
sergeant of the Public Order Military Police for the homicide of David Octavio Quiroz
Urrutia on 15 December 2017 in Villanueva, department of Cortés. As at October, the
Office of the Attorney General reported that investigations were ongoing in relation to the
other cases, including deaths, injuries and one case of enforced disappearance. By that time,
it had brought charges related to assassination, attempted homicide, physical assault, torture
and ill-treatment, unlawful detention and abuse of authority against 28 members of the
security and defence forces. By September 2019, the judiciary had dismissed seven cases in
the preliminary investigation phase.
47.
Prosecutors handling reports of human rights violations involving army personnel
indicated to OHCHR that they had faced obstacles in obtaining information crucial to their
32
33
34
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24911&LangID=E.
Decree No. 116-2019.
See OHCHR, “Human rights violations in the context of the 2017 elections in Honduras”.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents