A/HRC/44/47/Add.2
D.
Protection of justice operators
113. The Special Rapporteur urges national authorities to establish without further
delay the protection units envisaged for judges and prosecutors at risk and to allocate
appropriate human, financial and technical resources to protect judges, prosecutors
and lawyers who face threats, harassment, intimidation and interference as a result of
their professional activities. The modalities of protection should correspond to the
nature and seriousness of the risk faced by the beneficiaries of the protection
measures and should also extend to members of their families.
E.
Corruption and organized crime
114. The Special Rapporteur recommends that Honduras consider repealing the
provisions of article 415 of the Code of Criminal Procedure, which has been used to
shield politicians and senior State officials accused of corruption. Should those
provisions be retained, the Special Rapporteur recommends that their scope be
limited to crimes perpetrated in the exercise of their official functions, and not extend
to any crime allegedly committed by those individuals.
115. Although there are provisions in the Code of Criminal Procedure and the
Criminal Code aimed at encouraging the collaboration of persons accused of complex
or organized crime so that they can provide relevant information in exchange for
advantages in terms of the sanctions and treatment that they face, they are not an
integral component of the national strategy and procedures aimed at combating
corruption. It is of the utmost urgency that the National Congress consider discussing
and passing a law to introduce plea bargaining and guarantee effective collaboration
with the prosecution service, particularly in criminal investigations on corruption and
organized crime. Honduras should also consider establishing more efficient and
systematic cooperation with other countries on the basis of the relevant provisions of
the United Nations Convention against Corruption.
116. The Special Rapporteur deeply regrets the decision of State authorities to end
the mandate of the OAS Support Mission and to discontinue the operation of the
Special Prosecution Unit to Fight Corruption-related Impunity. He recommends that
State authorities allocate appropriate human, financial and technical resources to the
fight against corruption and organized crime.
17
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