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 14

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