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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents