A/HRC/35/23/Add.1
sheets.69 During the visit, the Special Rapporteur received numerous and concerning reports
about the existence of extermination squads that targeted children. The actions of these
squads were reportedly motivated by considerations of “social cleansing”.
VI. Impunity for violations of the right to life
76.
Impunity is a widespread problem in Honduras that has a particular affect on
violations of the right to life. Lack of resources and technical capacity, intimidation and
killings of justice operators, lack of independence of the judiciary, corruption of public
officials and infiltration by organized crime are substantial barriers to obtaining justice and
have virtually stalled the judicial system.
77.
The Special Rapporteur received information about corruption, infiltration and
interference with the judiciary, including in the handling of cases and in the appointment or
dismissal of judges and prosecutors. Interest groups or individuals often bribe, threaten or
attack judges to influence their work. Lack of independence and corruption within the
judiciary hampers the institutional capacity of the criminal justice system to respond
effectively to human rights violations and ensure accountability.
78.
In addition, the country’s prosecutorial services have been marred by accusations of
inefficiency and lack of will to investigate criminal cases, particularly high profile ones.
Inadequate forensic protocols and services, overreliance on witness testimonies in judicial
procedures, and police refusal to carry out crucial investigative tasks that prosecutors assign
to them70 further obstructs the administration of justice and hinders accountability.
79.
As a result of these shortcomings, impunity affects 97 per cent of murder cases in
Honduras.71 The level of impunity in connection to violations of the right to life is alarming
and one of the determinant factors in the spiralling of violence, as the prospect of
prosecution is not an effective deterrent of crime. It also frustrates expectations and chances
for justice and reparation for victims of human rights violations.
80.
The absence of accountability sends a message to society that violence is tolerated
by the State and undermines the public’s trust in the authorities. The lack of public
confidence in the judicial system and its institutional capacity to obtain justice for victims is
also likely to exacerbate the underreporting of crimes. Some reports indicate that only 20
per cent of all crimes are reported in Honduras, which is alarmingly low. 72
81.
The Government informed the Special Rapporteur that measures had been adopted
to address impunity and corruption, including the establishment of the Mission to Support
the Fight against Corruption and Impunity in Honduras and a collaboration agreement with
the organization Transparency International for the promotion of transparency, combating
of corruption and strengthening of integrity systems.
82.
The Special Rapporteur was dismayed to observe the lack of reliable statistics on the
number of homicides that led to prosecutions, including of security forces. The lack of
reliable figures hinders transparency and exacerbates people’s mistrust in institutions.
83.
The overly broad interpretation of confidentiality requirements in Honduran criminal
procedures — by which police and prosecutors refuse to provide information on the status
of investigations to families of victims — also affects transparency, trust and
accountability.
69
70
71
72
See Casa Alianza, “Annual report: 2014”, p. 18. Available from www.casaalianza.org.hn/images/documentos/Comunicados/CAH.2015/Informes.Mensuales.2015/situacin%20d
e%20derechos%20de%20nios%20nias%20y%20jvenes%20en%20honduras.pdf.
See www.hrw.org/report/2014/02/12/there-are-no-investigations-here/impunity-killings-and-otherabuses-bajo-aguan, p. 21
See A/HRC/32/35/Add.4, p. 5, and www.amnesty.org/es/countries/americas/honduras/reporthonduras/.
See Journalism in the Shadow of Impunity, p. 28.
15
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