A/HRC/44/47/Add.2
authority and crimes against the form of government for the modifications they allegedly
introduced into the text of the Organic Law on the Budget following its approval by the
National Congress on 18 January 2018. Those modifications included provisions different
from those approved by the plenary session and made it impossible to initiate investigations
against officials who had handled public funds before the conclusion of administrative
proceedings before the Superior Audit Court. Following several public denunciations, the
National Congress issued an errata explaining that the modifications were the product of a
good-faith error and not a premeditated act. Following those modifications, however, the
Supreme Court ordered the administrative closure of the case. The “Impunity Pact” case is
currently stalled in the Supreme Court.
81.
The so-called “Pandora’s box” case concerns an alleged misappropriation of public
funds and other offences. It involves a former Minister of Agriculture and Livestock and 37
other officials and individuals accused of designing a scheme to embezzle and divert funds
of the Ministry of Agriculture and Livestock and the Ministry of Finance intended for
social programmes and use them to finance their political campaigns in 2013 and for other
personal expenses. Of the 38 accused, 3 are still in prison, 3 have been definitively
acquitted, 3 are fugitives and 29 have been convicted and sentenced under measures
alternative to imprisonment. Appeals filed by the defence and the Office of the ProsecutorGeneral have been pending since July 2018, and the process in the Supreme Court appears
to be paralyzed.
82.
The limited progress made in those cases demonstrates the urgent need to design and
put into place independent and efficient institutional mechanisms for the investigation and
prosecution of high-ranking State authorities that, in the present context, enjoy de facto
impunity for the crimes they have allegedly committed.
V. Conclusions
83.
The Special Rapporteur welcomes the efforts made by Honduras in recent
years to address the structural problems that continue to affect the country. Extreme
poverty, discrimination and inequality, violence and insecurity, widespread
corruption and a high level of impunity remain major challenges for Honduras, but
some progress has been made, in particular with regard to the reduction in the
homicide rate, which decreased in the period from 2014 to 2018, according to
government sources. In general terms however, the inability of State authorities to
adequately address those challenges has generated deep discontent and lack of trust in
the political class and State institutions, which also affects the judiciary and, to a
lesser extent, the public prosecution service.
84.
The efforts made to strengthen the independence and effectiveness of the justice
system have not yet had a significant result in strengthening access to justice and
fighting impunity. Underfunding, poorly trained staff and ineffectiveness result in
lengthy judicial proceedings and a backlog of cases, while political influence and other
forms of interference and pressure from non-State actors, along with low salaries, are
at the root of the high level of judicial corruption, with bribes and irregular payments
often being exchanged for favourable court decisions. Violence and impunity continue
to be widespread, with more than 90 per cent of crimes remaining unpunished, despite
the measures adopted to increase the human, financial and technical resources of the
public prosecution service.
85.
The legal and institutional framework on the judiciary presents serious gaps
and is not sufficient, as it stands, to protect and promote the independence of the
judiciary from other branches of Government and the independence of individual
judges to adjudicate the cases before them impartially and autonomously. The
dissolution of the Council of the Judiciary following a decision of the Supreme Court
has deprived the judiciary of an institution which should have been essential to
safeguarding judicial independence and has resulted in the transfer of the
administrative functions previously exercised by the Council to the Supreme Court.
86.
Honduran judges continue to be exposed to various forms of interference or
pressure from other sources, including not only other State institutions, such as the
legislative and executive branches of power, but also the judicial hierarchy. Such
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