A/HRC/44/47/Add.2
interference has manifested in the most dramatic form in the arbitrary dismissals of
judges that took place in 2009 and 2012.
87.
The establishment of the National Security and Defence Council, a body in
which different State authorities handle issues of national interest under the overall
control of the head of the executive branch, also raise serious concerns with regard to
the separation of powers and the independence and autonomy of the judicial branch
and the prosecution service.
88.
The current procedures for the selection and appointment of key actors in the
justice system, such as magistrates of the Supreme Court, the Prosecutor-General and
the Deputy Prosecutor-General, do not provide sufficient guarantees to avoid
politically motivated appointments, whereas the widespread discretionary powers
conferred on the President of the Supreme Court undermine the independence of the
candidates to judicial offices chosen by the head of the judicial branch.
89.
Corruption and organized crime are closely interconnected problems affecting
the whole of Honduran society. They pose serious threats to the independence of the
judiciary and the prosecution service, the institutions that are entrusted under the
Constitution with investigating those crimes and judging and sanctioning the
perpetrators thereof.
90.
The high level of violence and the insecurity existing in the country have a
widespread adverse impact on the capacity of judges and prosecutors to perform their
professional activities freely and independently. The adoption of a law to protect legal
professionals who are in a situation of risk is a positive step in the right direction, but
appropriate protection mechanisms to defend judges, prosecutors and members of
their families must still be developed and implemented.
91.
The OAS Support Mission against Corruption and Impunity in Honduras did
an outstanding job in strengthening the capacity of national institutions to investigate
and punish corruption-related crimes, despite the relatively modest number of
accomplishments, which is mainly owing to the obstacles imposed by the country’s
political and economic powers. The decision of the Government to end the mandate of
the Support Mission, as of 19 January 2020, and the decision to discontinue the
operation of the Special Prosecution Unit to Fight Corruption-related Impunity may
have a long-term adverse impact on the fight against corruption and organized crime.
VI. Recommendations
A.
Strengthening judicial independence
92.
All State institutions should respect and observe the independence of the
judiciary.
93.
Honduras should take concrete measures to guarantee the independence of the
judiciary and protect judges from any unwarranted interference, influence, pressure
or threat. Such measures include, but are not limited to, the adoption of legislation to
regulate all aspects of the judicial career. Any interference with, or threats to, the
independence of the judiciary should be assessed and addressed as a matter of
urgency.
94.
In order to ensure the institutional independence of the judiciary and the
prosecution service, the composition and functions of the National Security and
Defence Council should be reviewed so as to ensure that the independence of the
justice system and the principle of the separation of powers are not affected.
B.
Legal and institutional framework
95.
Honduras should adopt, as a matter of priority, a new law on the Council of the
Judiciary and the Judicial Career. Such a law should be aimed at strengthening the
independence and impartiality of the judiciary and should be developed in accordance
with existing norms and standards relating to the independence of the judiciary, the
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