A/HRC/44/47/Add.2
the people can be confident that the judiciary acts and adjudicates exclusively on the basis
of the constitution and the law.
7.
In the Basic Principles on the Independence of the Judiciary, it is indicated that the
measures that States must adopt to secure and promote the independence of judges and
magistrates. According to principle 1 of the Basic Principles, the independence of the
judiciary shall be enshrined in the constitution or the law of the country and it is the duty of
all governmental and other institutions to respect and observe the independence of the
judiciary. Under principle 2, the judiciary shall decide matters before them impartially,
without any restrictions, improper influences, inducements, pressures, threats or
interference, direct or indirect, from any quarter or for any reason. The Basic Principles also
provide guidance on other requirements, including regarding the qualifications of and
selection process for judges (principle 10), conditions of service (principle 11), security of
tenure (principle 12) and disciplinary, suspension or removal proceedings (principles
17−20).
8.
The Constitution of Honduras provides that the State endorses the generally
accepted norms, standards and practices of international law that are conducive to human
solidarity, respect for the self-determination of peoples, non-intervention and the
strengthening of universal peace and democracy (art. 15). Following their ratification,
international agreements become part of the domestic legal order (art. 16) and take
precedence over national legislation in case of conflicts with the provisions contained in
ordinary law (art. 18).
B.
Justice system
9.
The judicial system of Honduras consists of the Supreme Court of Justice, courts of
appeal, courts of first instance and justices of the peace.
10.
At the time of the Special Rapporteur’s visit, there were 5,739 judges in the country,
52 per cent of whom were women.
1.
Supreme Court of Justice
11.
The Supreme Court of Justice is the supreme judicial authority in the country. It
consists of 15 justices distributed among four chambers: Constitutional Chamber, Criminal
Chamber, Civil Chamber and Labour Chamber. The Constitutional Chamber is the only one
which is explicitly established in the Constitution (art. 316) and is composed of five
magistrates. The other Chambers comprise three magistrates each. The President of the
Supreme Court represents the judicial branch.
12.
According to the Constitution, the Supreme Court has general competences in
relation to the organization and supervision of the judiciary and exercises far-reaching
jurisdictional functions, including hearing cases involving senior State officials, extradition
cases and cases adjudicated by lower courts. The Constitutional Chamber is competent to
determine the constitutionality of laws, decrees and regulations, hear individual petitions
for the protection of constitutional rights (writs of amparo and habeas corpus) and
adjudicate any disputes between the powers of the State, including the National Electoral
Council (art. 316).
2.
Courts of appeal
13.
Courts of appeal have jurisdiction over appeals arising from cases before tribunals of
first instance. They are three-judge panels that hear all appeals from the lower courts,
including civil and commercial, criminal, labour, administrative, constitutional and habeas
corpus cases. There are 27 courts of appeal in the country, located in the main provinces.
The judges of the appellate courts are appointed by the Supreme Court.
3.
Courts of first instance
14.
Courts of first instance cover civil, commercial, criminal, labour, family,
administrative, domestic violence and juvenile cases. In the main provinces, in addition to
their territorial competence, the courts have a judicial competence in labour, civil,
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