Honduras is a constitutional, multiparty republic. The country last held national and local elections in November 2017. Voters elected Juan Orlando Hernandez of the National Party as president for a four-year term beginning January 2018. International observers generally recognized the elections as free but disputed the fairness and transparency of the results.
Civilian authorities at times did not maintain effective control over the security forces.
Human rights issues included reports of arbitrary and unlawful killings; complaints of torture; harsh and life-threatening prison conditions; arbitrary arrest or detention; killings of and threats to media members by criminal elements; criminalization of libel, although no cases were reported; widespread government corruption; and threats and violence against indigenous, Afro-descendent communities and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.
The government took steps to prosecute and punish officials who committed abuses. Impunity existed in many cases, however, as evidenced by lengthy judicial processes, few convictions of perpetrators, and failures to prosecute intellectual authors of crimes.
Organized criminal elements, including local and transnational gangs and narcotics traffickers, were significant perpetrators of violent crimes and committed acts of homicide, extortion, kidnapping, torture, human trafficking, intimidation, and other threats and violence directed against human rights defenders, judicial authorities, lawyers, the business community, journalists, bloggers, women, and members of vulnerable populations.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were several reports that the government or its agents committed arbitrary or unlawful killings. In general the killings took place during law enforcement operations or were linked to other criminal activity by government agents. Civilian authorities investigated and arrested members of the security forces accused of human rights abuses. Impunity, however, remained a serious problem, with significant delays in some prosecutions and sources alleging corruption in judicial proceedings. The Violence Observatory of the Autonomous University of Honduras (UNAH) reported 16 deaths involving security forces during the first six months of the year. These included eight deaths involving the Honduran National Police (HNP) and eight involving the military.
On September 6, 2nd Lieutenant Chemis Xavier Paz Cruz, assigned to the 5th Battalion of the Military Police for Public Order (PMOP), was convicted of the 2016 murder of Elias Jireh Elver during a patrol in Tegucigalpa. Paz’s sentencing was pending at year’s end.
Following months of investigations into postelection violence, the HNP and the Public Ministry’s Technical Agency for Criminal Investigations (ATIC) concluded 22 investigations into alleged human rights violations by members of both the HNP and PMOP and passed the cases to the Public Ministry for possible prosecution. The Public Ministry launched 17 cases related to abuse of authority in August, noting that more cases would be forthcoming. On September 18, the Public Ministry announced the first case against an HNP officer for the death of a protester.
The government continued to investigate the 2016 killing of environmental and indigenous activist Berta Caceres. On March 2, the Public Ministry’s ATIC arrested a ninth suspect, Roberto David Castillo Mejia, the former president of the company building the Agua Zarca dam, which Caceres had long opposed. Throughout the year both the Caceres family private attorneys and the defense team complained the Public Ministry restricted access to evidence. Both legal parties asserted their right to review additional evidence that investigators had collected but not analyzed, including electronics such as laptops, cell phones, memory sticks, and tablets. On August 24, the three-judge tribunal ordered the Public Ministry to grant the prosecution and defense access to the requested evidence. The oral hearings for the first eight individuals accused of planning and executing the murder of Berta Caceres, scheduled to begin on September 17, were delayed due to legal motions filed by the Caceres family’s attorneys that called for removal of the three presiding judges. An appellate court denied the motion to dismiss the judges, and oral hearings began on October 20. On November 29, the court convicted seven of the eight defendants of murder and fully acquitted the eighth. The defendants were expected to appeal the verdict.
There continued to be reports of violence related to land conflicts and criminal activity in the Bajo Aguan region, but the overall level of violence in the area was far below its 2012 peak. On September 7, collaboration among the government’s Bajo Aguan Task Force, INTERPOL, and Mexican law enforcement authorities resulted in the arrest and extradition from Mexico to Honduras of Osvin Naun Caballero Santamaria. Caballero was a suspect in several crimes, including the 2016 killings of Jose Angel Flores and Silmer Dionisio George, two leaders of the Unified Peasant Movement of the Bajo Aguan (known as MUCA).
Organized criminal elements, including drug traffickers and local and transnational gangs such as MS-13 and the 18th Street gang, committed killings, extortion, kidnappings, human trafficking, and intimidation of police, prosecutors, journalists, women, and human rights defenders. Major urban centers and drug trafficking routes experienced disproportionate rates of violence. The UNAH Violence Observatory reported that as of June, 82 individuals working in the transportation sector had been killed, including 49 taxi, bus, and motorcycle taxi drivers and 33 private company drivers.
On September 5, the HNP reported a national homicide rate of 39.6 per 100,000 inhabitants for the months of January to August. The UNAH Violence Observatory projected a final homicide rate of approximately 40 per 100,000 inhabitants through year’s end. Reports linked many of these homicides to organized crime and gangs.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The Inter-American Commission on Human Rights (IACHR) reported that authorities at times failed to enforce these requirements effectively.
ROLE OF THE POLICE AND SECURITY APPARATUS
The HNP maintains internal security and reports to the Secretariat of Security. ATIC has legal authority to investigate 21 types of crimes and make arrests. The armed forces, which report to the Secretariat of Defense, are responsible for external security but also exercise some domestic security responsibilities. Some larger cities have independent police forces that supplement the HNP and report to municipal authorities. The PMOP reports to military authorities but conducts operations sanctioned by civilian security officials as well as by military leaders. As of September the PMOP had approximately 4,500 personnel organized into eight of 10 planned battalions and was present in all 18 departments. The National Interinstitutional Security Force (FUSINA) coordinates the overlapping responsibilities of the HNP, PMOP, National Intelligence Directorate, Public Ministry, and national court system. FUSINA reports to the National Security and Defense Council. The president chairs the council, which includes representatives of the Supreme Court, National Congress, Public Ministry, and Secretariats of Security and Defense.
Civilian authorities at times did not maintain effective control over the security forces. The government took steps to investigate and punish abuses, but corruption and inefficiency resulted in impunity in many cases. The armed forces surrendered members accused of human rights violations to civilian authorities. The armed forces sometimes dishonorably discharged such individuals, even before a criminal trial. The Public Ministry, primarily through the Office of the Special Prosecutor for Crimes against Life, is responsible for investigating cases in which a government agent is allegedly responsible for killing a civilian. Prosecutors try such cases in civilian courts. Prosecutors and judges attached to FUSINA prosecute and hear cases related to FUSINA operations. A unit within the Office of the Special Prosecutor for Crimes against Life manages some cases of homicides committed by members of the security forces and government officials. The human rights office of the joint staff of the armed forces investigates allegations of human rights abuses by members of the armed forces.
The human rights office of the joint staff of the armed forces reported that in 2017 more than 6,200 members of the armed forces, including the army, navy, air force, PMOP, and others, received training on human rights. Through June more than 5,800 members of the armed forces received human rights training from military and nongovernmental organization (NGO) instructors.
Corruption and impunity remained serious problems within the security forces. Some members of security forces allegedly committed crimes, including crimes linked to local and international criminal organizations. The Public Ministry’s ATIC investigated some criminal cases involving HNP officers.
As of November the Police Purge Commission reported that, since its creation in 2016, it had referred for removal or provisional suspension more than 5,600 police officers on various grounds including corruption, criminal activity, and poor performance.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law provides that police may make arrests only with a warrant, unless they make the arrest during the commission of a crime, there is strong suspicion that a person has committed a crime and might otherwise evade criminal prosecution, they catch a person in possession of evidence related to a crime, or a prosecutor has ordered the arrest. The law requires police to inform persons of the grounds for their arrest and bring detainees before a competent judicial authority within 24 hours. It stipulates that a prosecutor has 24 additional hours to decide if there is probable cause for indictment, whereupon a judge has 24 more hours to decide whether to issue a temporary detention order. Such an order may be effective for up to six days, after which the judge must hold a pretrial hearing to examine whether there is probable cause to continue pretrial detention. The law allows persons charged with some felonies to avail themselves of bail and gives prisoners a right of prompt access to family members. The law allows the release of other suspects pending formal charges, on the condition that they periodically report to authorities. The government generally respected these provisions. Persons suspected of any of 22 specific felonies must remain in custody, pending the conclusion of judicial proceedings against them. Some judges, however, ruled that such suspects may be released on the condition that they continue to report periodically to authorities. The law grants prisoners the right to prompt access to a lawyer of their choice and, if indigent, to government-provided counsel, although authorities did not always abide by these requirements.
Arbitrary Arrest: The Public Ministry reported 49 cases of illegal detention or arbitrary arrest as of October. As of September the National Human Rights Commission of Honduras (CONADEH) reported 16 cases of arbitrary arrest by the HNP, two by the DPI, and six by the armed forces.
Pretrial Detention: Judicial inefficiency, corruption, and insufficient resources delayed proceedings in the criminal justice system, and lengthy pretrial detention was a serious problem. For crimes with minimum sentences of six years’ imprisonment, the law authorizes pretrial detention of up to two years. The prosecution may request an additional six-month extension, but many detainees remained in pretrial detention much longer, including for more time than the maximum period of incarceration for their alleged crime. The law does not authorize pretrial detention for crimes with a maximum sentence of five years or less. The law mandates that authorities release detainees whose cases have not yet come to trial and whose time in pretrial detention already exceeds the maximum prison sentence for their alleged crime. Even so, many prisoners remained in custody after completing their full sentences, and sometimes even after an acquittal, because officials failed to process their releases expeditiously.
Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: Transiting migrants were vulnerable to abuse by criminal organizations.
In-country Movement: There were areas where authorities could not assure freedom of movement because of criminal activity and a lack of significant government presence.
INTERNALLY DISPLACED PERSONS (IDPS)
In 2017 the Internal Displacement Monitoring Center estimated there were approximately 190,000 IDPs in the country. In 2017 the National Human Rights Commission identified 339 cases of forced displacement and 349 cases of individuals at risk of forced displacement. Internal displacement was generally caused by violence, national and transnational gang activity, and human trafficking. Official data on forced internal displacement was limited in part because gangs controlled many of the neighborhoods that were sources of internal displacement (see section 6, Displaced Children).
The government maintained the Interinstitutional Commission for the Protection of People Displaced by Violence, and within the newly created Ministry of Human Rights, the government created the Directorate for the Protection of Persons Internally Displaced by Violence. Both the ministry and the commission focused on developing policies to address IDPs. Following up on the Comprehensive Refugee Response Framework conference that the government hosted in October 2017, the participants, including governments from across the region, agreed to the Regional Integral Framework for Protection and Solutions. Under the framework the government pledged to strengthen its capacity to provide services to key population groups, including refugees and returned migrants, through 14 commitments and 28 specific actions between 2018 and 2020.
PROTECTION OF REFUGEES
The government cooperated with UNHCR and other humanitarian organizations to provide protection and assistance to refugees and other persons of concern.
Access to Asylum: The law allows for the granting of asylum or refugee status. The government has established a system to provide protection to refugees, but at times there were significant delays in processing provisional permits for asylum applicants.
Section 4. Corruption and Lack of Transparency in Government
The law provides for criminal penalties for corruption by officials, but authorities did not implement the law effectively, and officials continued to engage in corrupt practices with impunity. There were numerous reports of government corruption during the year. The government took steps to address corruption at high levels in government agencies, including arresting and charging members of congress, judges, prosecutors, sitting and former senior officials, mayors and other local authorities, and police officers. Anticorruption efforts continued to lag and remained an area of concern, as well as the government’s ability to protect justice operators, such as prosecutors and judges.
Corruption: The Public Ministry’s anticorruption unit (UFECIC) made several announcements of case investigations, including against former first lady Rosa Elena Bonilla de Lobo, spouse of former president Porfirio Lobo; the “fe de erratas” case against two members of congress accused of altering legislation; and the “Network of Congresspersons” case, in which five officials were accused of diverting public funds. UFECIC announced a fourth case in June, named “Pandora,” in which 38 individuals, including a former secretary of agriculture and several members of congress, were accused of fraud, abuse of authority, misuse of public funds, and other corruption-related crimes.
On February 22, the CNA presented five of its highest-profile cases to the public, citing several public administration and elected officials, including a Supreme Court judge, a congressman, and former first lady Bonilla de Lobo. Following the announcement the CNA reported harassment campaigns and threats.
MACCIH, the CNA, and civil society organizations continued to press for the passage of legislation to combat corruption, but most legislative efforts stalled in congress.
Financial Disclosure: Public officials are subject to financial disclosure law but did not always comply. The law mandates that the Supreme Auditing Tribunal monitor and verify disclosures. The tribunal published its reports on its website and cited the names of public officials who did not comply with disclosure law. The Public Ministry’s Campaign Financing Unit, created in June 2017, conducted audits of 397 candidates, focusing on those who won their bids for election. The unit reported that 76 percent of candidates for public office reported on all campaign expenditures and that four cases were referred to the Public Ministry for investigation.