A/HRC/44/47/Add.2
violation of the national policies on matters of national security and defence designed by
the National Security and Defence Council.
C.
Protection of justice operators
66.
Under principles 2, 7 and 11 of the Basic Principles on the Independence of the
Judiciary, States are required to adopt all appropriate measures to enable judges to perform
their functions freely and independently, without any threat, pressure or interference, direct
or indirect, from any quarter and for any reason. The Guidelines on the Role of Prosecutors
(para. 4) and the Basic Principles on the Role of Lawyers (principles 16 (a) and 17) contain
similar provisions. In the light of the high levels of violence and crime in Honduras, such
measures should include the design and implementation of appropriate protections for
judges and members of their families against the threats posed by the organized crime.
67.
In the report on his visit to Honduras, the Special Rapporteur on the situation of
human rights defenders noted with concern that, between 2010 and 2016, 117 law
professionals – judges, prosecutors, lawyers and court staff – died violent deaths. Those
working on cases of corruption, organized crime, drug trafficking and violence against
women were at particular risk (A/HRC/40/60/Add.2, para. 55). In the report on its country
visit in 2018, the Inter-American Commission on Human Rights noted that many of the
problems of violence and threats to the independence and personal integrity of justice
workers in Honduras persisted and that judges and magistrates continued to face death
threats, harassment, intimidation and interference and risk of assassination and attacks that
made it difficult for them to carry out their duties with independence and impartiality.
68.
The Special Rapporteur welcomes the efforts of national authorities to enable judges
and magistrates to carry out their professional activities without being subjected to any kind
of undue pressure. In that regard, the adoption of the Law for the Protection of Human
Rights Defenders, Journalists, Media Professionals and Justice Operators represents a
significant advance in the protection of human rights defenders, including law professionals,
who are in a situation of risk.
69.
Several judges and public prosecutors mentioned to the Special Rapporteur however
that the scarce financial resources of the judicial branch were in many cases insufficient for
adopting comprehensive protection measures for themselves and their families. The
modalities of protection did not always correspond to the needs or the particular risks that
they faced. In the light of the limited character of the protection afforded by State
authorities, some judges chose to renounce them. According to information received, only
judges of the jurisdiction with territorial competence at the national level have been
provided with police escorts, whereas other judges and magistrates have continued to carry
out their professional activities with limited or no protection.
70.
One of the transitory provisions of the Law for the Protection of Human Rights
Defenders, Journalists, Media Professionals and Justice Operators provides that the
institutions of the justice sector must modify their annual budget in order to allocate
dedicated resources for the creation of protection mechanisms for their personnel (art. 64).
In accordance with that provision, a special unit for the protection of judges at risk would
have to be established within the judicial branch, with a mandate to take all measures
necessary for the immediate protection of judges under threat. However, at the time of the
Special Rapporteur’s visit, the protection and risk assessment units were not yet operational.
71.
The Special Rapporteur is seriously concerned about the delays within the judicial
branch in creating its own protection mechanism. Without a comprehensive mechanism to
protect judges and magistrates from all kinds of external pressures – including threats or
attacks against members of their families – the capacity of the judiciary to uphold the rule
of law and to protect human rights is irremediably compromised.
72.
Similar considerations apply in relation to the measures adopted to protect
prosecutors and lawyers. To date, the Office of the Prosecutor-General has not yet
established any protection mechanism to enable its staff to perform their professional
functions without intimidation, hindrance, harassment or improper interference, and only 17
prosecutors appear to have been granted protection measures, despite the threats that all
prosecutors face and the situation of insecurity in which many of them find themselves.
11
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