A/HRC/44/47/Add.2 With regard to lawyers, both State authorities and the Bar Association of Honduras stated that they did not have sufficient resources to provide adequate protection to lawyers at risk. D. Corruption and organized crime 73. 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 by the Constitution to investigate those crimes and to judge and sanction the perpetrators. 74. Honduras adopted a number of measures to respond to the threats posed by corruption and organized crime, including the establishment of the OAS Support Mission and the creation of new State institutions to investigate and punish corruption-related crimes. The Support Mission was established in January 2016 through an agreement between OAS and the Government of Honduras as an international cooperation entity to support the country in its efforts to combat corruption and impunity. Its initial mandate was for a period of four years. In collaboration with national authorities, it facilitated the prosecution of 14 cases and the indictment of 113 people. 75. The OAS Support Mission also provided valuable support to State authorities in setting up new institutions to investigate and punish corruption-related crimes. They included the courts and tribunals with national territorial competence in criminal matters, commonly referred to as “anti-corruption courts”, as well as the creation of the Special Prosecution Unit to Fight Corruption-related Impunity in the Office of the ProsecutorGeneral, which contributed to strengthening the investigative capacity of the Office of the Prosecutor-General in the area of combating corruption and increased the number of corruption cases brought before the judiciary. 76. Nevertheless, given that most of the investigations carried out by the Special Prosecution Unit to Fight Corruption-related Impunity involved senior State officials, the cases were not brought before the competent anti-corruption court or tribunal, but before the Supreme Court, pursuant to article 415 of the Code of Criminal Procedure. That provision, in the Special Rapporteur’s view, is the basis for the modest accomplishments of Honduras in the field of combating corruption and organized crime. 77. The Special Rapporteur considers that the OAS Support Mission has played a positive role in strengthening the capacity of national institutions to investigate and punish corruption-related crimes. For that reason, he deplores the decision of the Government to end the mandate of the Support Mission, which expired on 19 January 2020. Such a decision, along with the decision to discontinue the operation of the Special Prosecution Unit to Fight Corruption-related Impunity, which was created with the backing of the Support Mission, may have a long-term adverse impact on the fight against corruption and organized crime. 78. The Special Rapporteur regrets that, to date, none of the cases of corruption brought before the Supreme Court has resulted in the imposition of criminal sanctions on the perpetrators of the crime, due to the delays of the Supreme Court and the interference of the National Congress, and has translated into de facto impunity for the crimes committed. The following three emblematic examples clearly illustrate that point. 79. The so-called “Parliamentarians’ Network” case involved more than 60 parliamentarians accused of the embezzlement of public funds, allegedly transferred from the executive branch to civil society organizations and then into the bank accounts of the parliamentarians. In January 2017, the National Congress approved a number of amendments to the Organic Law on the Budget, requiring the Superior Audit Court to carry out preliminary audits and special investigations of all embezzlement cases involving members of the National Congress. Following those legal amendments, the Supreme Court decided to suspend the consideration of the case and to transfer it to the Superior Audit Court, which was granted a delay of three years to conclude its examination. The Supreme Court decision to suspend consideration of the case has been appealed before the Supreme Court itself and remains pending, since February 2018; no progress has been made to date. 80. The so-called “Impunity Pact” case is closely linked to the “Parliamentarians’ Network” case. It involves two parliamentarians accused of falsifying documents, abuse of 12

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