A/HRC/44/47/Add.2
administrative, tenancy and criminal law cases. There are 67 courts of first instance in
Honduras.
4.
Justices of the peace
15.
The lowest level of the court system consists of justices of the peace, distributed
throughout the country. Each department capital and municipalities with populations of
more than 4,000 people should have two justices, and municipalities with populations of
fewer than 4,000 people should have one justice of the peace. Justices of the peace handling
criminal cases act as investigating magistrates and are involved in only minor cases. More
serious criminal cases are handled by the courts of first instance. The judges are appointed
by the courts of first instance.1
5.
Council of the Judiciary
16.
The Constitution provided for the creation of a Council of the Judiciary and the
enactment of a law to regulate its organization, scope and faculties (art. 317). The Council
of the Judiciary and the Judicial Career was established in 2011, but ceased to exist in
March 2016, following a decision of the Constitutional Chamber of the Supreme Court (see
paras. 31–34 below).
III. Structural problems and their impact on public trust
17.
The effective realization of the independence and autonomy of the justice system
does not depend solely on the implementation of national legislation and policies related to
the administration of justice and the free exercise of the legal profession. The persistence of
structural problems, such as widespread corruption, extreme poverty, discrimination and
inequality, violence and insecurity and a high level of impunity, remain major challenges
for Honduras and continue to have long-lasting adverse effects on the independence and
autonomy of the judiciary with regard to other State powers and non-State actors, such as
organized crime networks.
18.
Corruption remains a major threat to the stability and appropriate functioning of
institutions, which are obstacles to maintaining the competitiveness of the country and
affect investment. Networks of patronage and clientelism and organized crime dominate
society and various sectors of the economy. Corruption has had a particularly negative
impact, which is compounded by the impunity that has followed the unveiling of the most
notorious cases involving high-ranking politicians and authorities. In 2019, Honduras was
ranked 146 of a total of 180 countries considered by Transparency International, 2 14
positions lower than its ranking in 2018, and continues to be one of the most corrupt
countries in the world. The Government has put into place an anti-corruption framework,
but sustained efforts and enforcement is lacking.
19.
Despite a certain degree of stability in the national economy in recent years, the
country continues to face high levels of poverty, with a poverty rate of 52.6 per cent. The
extreme poverty rate in 2017 was 17.2 per cent, the second highest rate in Latin America
and the Caribbean, after Haiti. The inequality rate (Gini coefficient of 50.5 in 2017) is also
among the highest in the region – and the world. High levels of poverty and inequality have
contributed to the emergence of a cycle of high crime and low growth. Although the
homicide rate in the country has decreased, Honduras continues to have one of the highest
homicide rates in the world. The reduction in the homicide rate has not translated into a
reduction in the level of violence, which remains very high and continues to be a constant
threat to the population.
20.
Impunity continues to be widespread, especially in cases involving high-ranking
politicians and State authorities. According to recent data, the rate of impunity in Honduras
continues to exceed 90 per cent, and more than 97 per cent of crimes against human rights
1
2
4
See www.nyulawglobal.org/globalex/Honduras.html#_3.3_Judicial_Branch.
Transparency International, Corruption Perceptions Index 2019. Available at
www.transparency.org/cpi2019?/news/feature/cpi-2019.
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