A/HRC/44/47/Add.2 Annex Report of the Special Rapporteur on the independence of judges and lawyers on his visit to Honduras I. Introduction 1. At the invitation of the Government, the Special Rapporteur on the independence of judges and lawyers carried out an official visit to Honduras from 16 to 22 August 2019. The aim of the mission was to examine the progress made by the country in implementing its obligations under human rights law to ensure the independence and impartiality of judges and prosecutors and the free exercise of the legal profession by lawyers, as well as the challenges which prevent actors of the judicial system from discharging their functions efficiently, effectively, adequately and appropriately. 2. The Special Rapporteur met with senior government officials from various ministries, members of the National Congress, the Commissioner for Human Rights, the President of the Supreme Court of Justice, judges and magistrates of various courts and tribunals and members of the Office of the Prosecutor-General, including the ProsecutorGeneral and prosecutors from specialized prosecution services, such as the Special Prosecution Unit to Fight Corruption-related Impunity. The Special Rapporteur wishes to reiterate his gratitude to the authorities of Honduras, in particular the Ministry for External Relations and International Cooperation and the Ministry of Human Rights, for the invitation and their support in the preparation of the visit. 3. With the support of the Office of the United Nations High Commissioner for Human Rights country office in Honduras and the office of the resident coordinator, the Special Rapporteur also met with a wide range of civil society representatives, including from nongovernmental organizations and associations of judges, prosecutors and lawyers, academics and members of the donor community, as well as representatives of international and regional organizations. He would like to express his gratitude to all the judges, prosecutors, lawyers, academics and representatives of organizations who shared their experiences and opinions with him. II. Legal and institutional framework A. International obligations 4. An independent and impartial judicial system is essential for upholding the rule of law and ensuring the protection of human rights and fundamental freedoms. The judiciary is also an essential component of the checks and balances with and between the other branches of government, ensuring that laws adopted by the legislature and acts of the executive branch are in conformity with international human rights standards and the rule of law. 5. The independence of the judiciary is enshrined in a number of international human rights treaties to which Honduras is a party, including the International Covenant on Civil and Political Rights and the American Convention on Human Rights. Both instruments provide that everyone is entitled to a fair and public hearing by an independent and impartial tribunal established by law. Given the country’s adherence to those treaties, it must, inter alia, adopt all appropriate measures to guarantee the independence of the judiciary and protect judges from any form of political influence in their decision-making. 6. Together with the principle of the separation of powers, according to which the executive, the legislature and the judiciary constitute three separate and independent branches of the State, the independence of the judiciary forms part of the essential components of the rule of law. The constitution, laws and policies of a country must ensure that the justice system is truly independent from the other branches of government so that 2