A/HRC/44/47/Add.2
defenders go unpunished. Similarly, crimes allegedly committed by State agents also have a
high level of impunity.
21.
Those dynamics continue to affect the economy’s growth potential and the economic
opportunities available for Hondurans and trigger the migration of many people out of
Honduras, in search of better economic opportunities and an escape from crime and
violence. The inability of State authorities to adequately address those challenges is the root
of the extremely low trust that Honduran society has in the political class and State
institutions.
22.
In that context, it comes as no surprise that the whole justice sector, which
comprises the judiciary, the prosecution service and the police, has been strongly
questioned by citizens, the private sector, unions, civil society organizations and
humanitarian groups, among others. Only one quarter of the population trusts the judicial
authorities, whereas other State institutions, such as the armed forces and the police, obtain
slightly better results (35 per cent and 33 per cent, respectively). In 2017, a survey on the
level of trust in the public prosecution service showed that only 30 per cent of the people
who responded to the questionnaire had some trust in the prosecution service, whereas the
remaining 70 per cent had little trust (34.8 per cent) or no trust at all (35 per cent).3
23.
In its most recent report on the situation of human rights in Honduras, 4 the InterAmerican Commission on Human Rights referred to the Honduran justice system as a
“selective justice” system, or a system in which courts and tribunals act late and do not
offer an effective response to human rights violations, but which, in contrast, proves to be
very effective when acting in defence of the interests of powerful actors, such as politicians
or business enterprises closely linked to those with political power.
24.
The Special Rapporteur underscores that addressing the structural problems that
currently affect the independence and impartiality of national courts and tribunals not only
requires additional financial resources, but also – first and foremost – the firm political will
to strengthen the independence of the judiciary, improve the conditions of service of justice
operators and enhance the level of protection of judges at risk. That action should be
accompanied by additional efforts to tackle the high levels of poverty and inequality, which
at present create an enabling environment for the high levels of violence, corruption and
impunity that affect the country.
IV. Challenges to an independent and impartial justice system
A.
Weak legal and institutional framework
25.
The principle of judicial independence refers to both the individual and institutional
independence required for decision-making. The Inter-American Court of Human Rights
has pointed out on several occasions that the State must guarantee the autonomous exercise
of the judicial function with regard to both its institutional aspect, in relation to the
judiciary as a system, and its individual aspect, in relation to the person of the specific
judge.
26.
In its general comment No. 32 (2007) on the right to equality before courts and
tribunals and to a fair trial, the Human Rights Committee observed that the requirement of
independence and impartiality of a tribunal referred, in particular, to the procedure for the
appointment of judges, the guarantees relating to their security of tenure, the conditions
governing promotion, transfer, suspension and cessation of their functions and the actual
independence of the judiciary from political interference by the executive branch and
legislature.
27.
Principle 11 of the Basic Principles on the Independence of the Judiciary provides
that the status of judges, including their term of office, their independence, security,
3
4
Honduran Council of Private Enterprise, “The election of high-ranking officials in Honduras: lessons
learned and impact on the democracy and its institutions”, 2019.
Inter-American Commission on Human Rights, “Situation of human rights in Honduras”, 2019.
5
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