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Honduras

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. The reported killings took place during law enforcement operations or were linked to other criminal activity by government agents. The Ministry of Security’s Directorate of Disciplinary Police Affairs (DIDADPOL) investigated members of the Honduran National Police (HNP) accused of human rights abuses. The Office of the Inspector General of the Armed Forces and the Humanitarian Law Directorate investigated and arrested members of the military 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 Autonomous University of Honduras Violence Observatory reported 13 arbitrary or unlawful killings by security forces during the year. The Public Ministry reported five such cases undergoing trial, with four cases in the sentencing phase of trial. Five other cases were under investigation. DIDADPOL conducted internal investigations of HNP members in a continuation of the police purge begun in 2016.

On September 16, the Public Ministry filed an indictment against army military police officer Josue Noe Alvarado Giron for the April 24 murder of Marvin Rolando Alvarado Santiago at a military roadblock in Omoa, Cortes. Josue Alvarado allegedly shot Marvin Alvarado after a heated discussion over Marvin Alvarado’s failure to wear a mask during the COVID-19 pandemic. Josue Alvarado was assigned to Task Force Maya Chorti.

On February 4, media reported unknown assailants shot and killed three National Party local leaders in three separate incidents within five days in Tegucigalpa: Oscar Obdulio Licona Ruiz on January 31 and Dagoberto Villalta and Marcial Martinez on February 4.

The government continued to prosecute individuals allegedly involved in the 2016 killing of environmental and indigenous activist Berta Caceres. The legal process against Roberto David Castillo Mejia, one of the alleged intellectual authors of the killing, continued slowly due to motions and appeals by the defense, and Castillo remained incarcerated. On November 23, the court halted the presentation of evidence hearing after the defense filed an appeal. The appeals court would have to rule on the motion before the trial could move forward.

Reports of violence related to land conflicts and criminal activity continued. On April 2, a private security guard for the sugar company La Grecia shot and killed land rights defender Iris Argentina Alvarez Chavez during a confrontation between land rights defenders and private guards. Police later arrested the guard accused of killing Alvarez.

Organized-crime organizations, such as drug traffickers and local and transnational gangs including 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 the highest rates of violence.

b. Disappearance

There were no credible reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits such practices, government officials received complaints and investigated alleged abuses by members of the security forces on the streets and in detention centers.

The Committee of Relatives of the Disappeared in Honduras (COFADEH) reported 28 cases of alleged torture by security forces through September, while the Public Ministry received three such reports. The quasi-governmental National Committee for the Prevention of Torture, Cruel, Inhuman, or Degrading Treatment (CONAPREV) received 210 complaints of the use of torture or cruel and inhuman treatment, many related to the enforcement of the national curfew during the COVID-19 pandemic. COFADEH reported police beat and smeared a tear gas-covered cloth on the face of an individual detained for violating the national curfew in April in El Paraiso.

Corruption along with a lack of investigative resources and judicial delays led to widespread impunity, including in security forces. DIDADPOL investigated abuses by police forces. The Office of the Inspector General of the Armed Forces and the Humanitarian Law Directorate investigated abuses by the military. The National Human Rights Commission of Honduras received complaints about human rights abuses and referred them to the Public Ministry for investigation. The Secretariat of Human Rights provided training to security forces to increase respect for human rights. Through September the secretariat trained 2,764 law enforcement officials in human rights and international humanitarian law.

Prison and Detention Center Conditions

Prison conditions were harsh and sometimes life-threatening due to pervasive gang-related violence and the government’s failure to control criminal activity within the prisons. Prisoners suffered from overcrowding, insufficient access to food and water, violence, and alleged abuse by prison officials.

Physical Conditions: Prisoners suffered from severe overcrowding, malnutrition, lack of adequate sanitation and medical care, and, in some prisons, lack of adequate ventilation and lighting. The Secretariat of Human Rights reported that as of September 2, the total prison population was 21,675 in 25 prisons and three detention centers. According to the secretariat, the system had a designed capacity for approximately 10,600 inmates.

The National Prison Institute (INP) reported 12 violent deaths. On June 11, alleged members of the 18th Street gang in the National Women’s Penitentiary in Tegucigalpa killed six alleged members of the MS-13 gang.

As of September the Secretariat of Human Rights reported the country’s three pretrial detention centers held 79 individuals. These INP-administered centers were on military installations and received some support services from the military. The government used pretrial detention centers to hold high-profile suspects and those in need of additional security. Long periods of pretrial detention remained common and problematic, with many other pretrial detainees held in the general population with convicted prisoners.

The government failed to control pervasive gang-related violence and criminal activity within the prisons. Many prisons lacked sufficient security personnel. Many prisoners had access to weapons and other contraband, inmates attacked other inmates with impunity, and inmates and their associates outside prison threatened prison officials and their families. These conditions contributed to an unstable, dangerous environment in the penitentiary system. Media reported prison riots and violent confrontations between gang members in prisons throughout the year.

In response to the pervasive violence in the prison system, the government declared an emergency in the National Penitentiary System in December 2019. The emergency decree instituted the Interinstitutional Force as an auditing commission for the penitentiary system. This force is composed of active members of the army and national police. Despite the emergency decree, CONAPREV reported that violence in the prison system continued unabated.

Authorities did not generally segregate those with tuberculosis or other infectious diseases from the general prison population; as of September the INP reported 153 prisoners were being treated for tuberculosis. The lack of space for social distancing combined with the lack of adequate sanitation made prison conditions even more life threatening during the COVID-19 pandemic. The Office of the UN High Commissioner for Human Rights reported 1,695 cases of COVID-19 in 25 prisons as of September, including cases among medical personnel, security personnel, and administrators. CONAPREV reported 27 prisoner deaths due to COVID-19 through August. There was only limited support for persons with mental illnesses or disabilities. CONAPREV reported every prison had a functioning health clinic with at least one medical professional, but basic medical supplies and medicines were in short supply throughout the prison system. In most prisons only inmates who purchased bottled water or had water filters in their cells had access to potable water.

Administration: The judicial system was legally responsible for monitoring prison conditions and providing for the rights of prisoners. The government tasks CONAPREV with visiting prisons and making recommendations for protecting the rights of prisoners. CONAPREV conducted more than 84 visits to adult prisons as of the end of August. Media reports noted that family members often faced long delays or were unable to visit detainees.

Independent Monitoring: The government generally permitted prison visits by independent local and international human rights observers, including the International Committee of the Red Cross.

Improvements: Through August, CONAPREV trained 494 technical, administrative, and security personnel on topics including prison management and human rights.

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.

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 after obtaining a warrant. 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 the 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, although management of this reporting mechanism was often weak. 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 the public defender mechanism was weak, and authorities did not always abide by these requirements.

Arbitrary Arrest: In response to the COVID-19 pandemic, the government instituted a national curfew, suspending constitutional provisions and limiting the free movement of individuals. Peace Brigades International (PBI) reported more than 34,000 persons were detained for violating the curfew. The Human Rights Board condemned some of these arrests as arbitrary under the guise of curfew enforcement. According to the Center for the Investigation and Promotion of Human Rights, on March 24, police arbitrarily detained Evelyn Johana Castillo, sub-coordinator of the Women’s Network of Ojojona and member of the National Network of Defenders of Human Rights. Castillo was returning from the market at 3:30 p.m. when a police officer arrested her for violating the curfew, even though the curfew did not start until 7:00 p.m. Castillo said the arrest was a reprisal for an encounter a few days previously, when Castillo confronted the officer who was attempting to expel a vendor from a park. The Public Ministry reported 15 cases of alleged illegal detention or arbitrary arrest as of November.

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.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but the justice system was poorly funded and staffed, inadequately equipped, often ineffective, and subject to intimidation, corruption, politicization, and patronage. Low salaries and a lack of internal controls rendered judicial officials susceptible to bribery, although the Supreme Court significantly raised salaries during the year and made improvements in transparency. Powerful special interests, including organized-crime groups, exercised influence on the outcomes of some court proceedings.

Trial Procedures

The law provides for the right to a fair and public trial; however, the judiciary did not always enforce this right.

The law presumes an accused person is innocent. The accused has the right to an initial hearing before a judge, to ask for bail, consult with legal counsel in a timely manner, have a lawyer provided by the state if necessary, and request an appeal. Defendants may receive free assistance from an interpreter. The law permits defendants to confront witnesses against them and offer witnesses and evidence in their defense. Defendants may not be compelled to testify or confess guilt. Authorities generally respected these rights.

Credible observers noted problems in trial procedures, such as a lack of admissible evidence, judicial corruption, widespread public distrust of the legal system, witness intimidation, and an ineffective witness protection program.

Political Prisoners and Detainees

There were no credible reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The law establishes an independent and impartial judiciary in civil matters, including access to a court to seek damages for human rights violations. Litigants may sue a criminal defendant for damages if authorized by a criminal court. Individuals and organizations may appeal adverse domestic decisions to the Inter-American Human Rights System.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

Although the law generally prohibits such actions, a legal exception allows government authorities to enter a private residence to prevent a crime or in case of another emergency. There were credible complaints that police occasionally failed to obtain the required authorization before entering private homes.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law criminalizes all forms of rape of women or men, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from three to nine years’ imprisonment, and the courts enforced these penalties.

According to Autonomous University of Honduras Violence Observatory statistics, killings of women decreased under the national curfew in response to the COVID-19 pandemic. The Violence Observatory reported 55 killings of women from March 15 to June 6, compared with 102 for the same period in 2019. The Secretariat of Human Rights noted an exponential increase in gender-based violence and domestic violence during the national curfew. Statistics from the National Emergency System’s call center showed the country was on pace for more than 100,000 reports of domestic violence during the year.

The law criminalizes domestic violence and provides penalties of up to four years in prison for domestic violence. If a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the legal penalty for a first offense is a sentence of one to three months of community service. Female victims of domestic violence are entitled to certain protective measures, such as removal of the abuser from the home and prohibiting the abuser from visiting the victim’s work or other frequently visited places. Abusers caught in the act may be detained for up to 24 hours as a preventive measure. The law provides a maximum sentence of three years in prison for disobeying a restraining order connected with the crime of intrafamilial violence.

The law was not effectively enforced, and weak public institutional structures contributed to the inadequate enforcement. With high rates of impunity, including 90 percent for killings of women in the last 15 years according to the Violence Observatory, civil society groups reported that women often did not report domestic violence, or withdrew the charges, because they feared or were economically dependent on the aggressor. In addition, women experienced delays in accessing justice due to police who failed to process complaints in a timely manner or judicial system officials who deferred scheduling hearings. Institutions such as the judiciary, Public Ministry, National Police, and Secretariat of Health attempted to enhance their responses to domestic violence, but obstacles included insufficient political will, inadequate budgets, limited or no services in rural areas, absence of or inadequate training and awareness of domestic violence among police and other authorities, and a pattern of male-dominant culture and norms.

In cooperation with the UN Development Program, the government operated consolidated reporting centers in Tegucigalpa and San Pedro Sula where women could report crimes, seek medical and psychological attention, and receive other services. These reporting centers were in addition to the 298 government-operated women’s offices–one in each municipality–that provided a wide array of services to women, focusing on education, personal finance, health, social and political participation, environmental stewardship, and prevention of gender-based violence.

Sexual Harassment: The law criminalizes various forms of sexual harassment. Violators face penalties of one to three years in prison and possible suspension of their professional licenses, but the government did not effectively enforce the law.

Reproductive Rights: Generally, individuals have the right to decide freely the number, spacing, and timing of having children and to have access to the information and means to do so, free from discrimination, coercion, or violence. Contraception supplies continued to be limited by shortages and insufficient funding. NGOs continued to criticize the government prohibition on emergency contraception, including for survivors of sexual violence, although the government did provide victims of sexual violence access to other health care services. Women and girls may face criminal penalties after having miscarriages or abortions, and NGOs reported some women delayed or avoided seeking necessary medical care for fear of being arrested.

Although 74 percent of births were attended by skilled health care personnel, NGOs reported that there were significant gaps in obstetric care, especially in rural areas. The Guttmacher Institute reported 78 percent of women of reproductive age had their need for family planning satisfied with modern methods in 2019. The World Bank reported in 2018 that the adolescent birth rate was 72 births per 1,000 15-19-year-olds.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights. Most women in the workforce engaged in lower-status and lower-paying informal occupations, such as domestic service, without the benefit of legal protections. By law women have equal access to educational opportunities.

Birth Registration: Children derive citizenship by birth in the country, from the citizenship of their parents, or by naturalization.

Child Abuse: Child abuse remained a serious problem. The law establishes prison sentences of up to three years for child abuse. As of June the Violence Observatory reported killings of 71 persons younger than 18.

Child, Early, and Forced Marriage: The minimum legal age of marriage for both boys and girls is 18. According to UNICEF, 8 percent of children were married before age 15, and 34 percent before age 18.

Sexual Exploitation of Children: The commercial sexual exploitation of children, especially in sex trafficking, remained a problem. The country was a destination for child sex tourism. The legal age of consent is 18. There is no statutory rape law, but the penalty for rape of a minor younger than 12 is 15 to 20 years in prison, or nine to 13 years in prison if the victim is 13 or older. Penalties for facilitating child sex trafficking are 10 to 15 years in prison, with substantial fines. The law prohibits the use of children younger than 18 for exhibitions or performances of a sexual nature or in the production of pornography.

Displaced Children: Civil society organizations reported that common causes of forced displacement for youth included death threats for failure to pay extortion, attempted recruitment by gangs, witnessing criminal activity by gangs or organized-crime groups, domestic violence, attempted kidnappings, family members’ involvement in drug dealing, victimization by traffickers, rape including commercial sexual exploitation by gangs, discrimination based on sexual orientation or gender identity, sexual harassment, and discrimination for having a chronic medical condition.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community numbered approximately 275 members. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The Public Ministry is responsible for prosecuting violations. The law requires that persons with disabilities have access to buildings, but few buildings were accessible, and the national government did not effectively implement laws or programs to provide such access.

The government has an Office for Persons with Disabilities located within the Ministry of Development and Social Inclusion, but its ability to provide services to persons with disabilities was limited. Mental health professionals expressed concern about social stigma by families and communities against persons with mental disabilities and a lack of access to mental health care throughout the country.

Children with disabilities attended school at a lower rate than the general population. World Bank statistics put net enrollment for primary school above 90 percent, but the National Center for Social Sector Information stated that 43 percent of persons with disabilities received no formal education.

In the 2013 census, approximately 8.5 percent of the population identified themselves as members of indigenous communities, but other estimates were higher. Indigenous groups included the Miskito, Tawahkas, Pech, Tolupans, Lencas, Maya-Chortis, Nahual, Bay Islanders, and Garifunas. They had limited representation in the national government and consequently little direct input into decisions affecting their lands, cultures, traditions, and the allocation of natural resources.

Indigenous communities continued to report threats and acts of violence against them and against community and environmental activists. Violence was often rooted in a broader context of conflict over land and natural resources, extensive corruption, lack of transparency and community consultation, other criminal activity, and limited state ability to protect the rights of vulnerable communities.

On January 10, unknown assailants shot and killed Tolupan indigenous leader Vicente Saavedra in Morazan, Yoro Department. On June 19, Garifuna leader Antonio Bernardez was found dead from bullet wounds six days after his disappearance. Bernardez was a leader in the Punta Piedra community. Police were investigating the killings.

On July 18, heavily armed men kidnapped five men from their homes in the town of Triunfo de la Cruz. The victims were land-rights defenders from the Afro-descendant Garifuna minority group. According to witnesses, the kidnappers wore police investigative branch uniforms. Authorities launched an investigation and made one arrest in connection with the kidnappings in July and five more arrests in September.

Ethnic minority rights leaders, international NGOs, and farmworker organizations continued to claim the government failed to redress actions taken by security forces, government agencies, and private individuals and businesses to dislodge farmers and indigenous persons from lands over which they claimed ownership based on land reform law or ancestral land titles.

Persons from indigenous and Afro-descendant communities continued to experience discrimination in employment, education, housing, and health services. An IACHR report noted there were insufficient hospital beds and inadequate supplies at the only hospital that services Gracias a Dios Department, home to the majority of the Miskito community.

The Association for a Better Life and the Cattrachas Lesbian Network both reported 16 violent deaths of LGBTI persons as of September. On July 10, unidentified assailants shot and killed transgender activist Scarleth Campbell in Tegucigalpa. Campbell was an LGBTI activist and member of the Rainbow Dolls, an organization that fought violence and discrimination against members of the LGBTI community.

The law states that sexual orientation and gender-identity characteristics merit special protection from discrimination and includes these characteristics in a hate crimes amendment to the penal code. Nevertheless, social discrimination against LGBTI persons persisted, as did physical violence. Impunity for such crimes was a problem, as was the impunity rate for all types of crime. According to the Violence Observatory, of the 317 reported cases from 2009 through 2019 of hate crimes and violence against members of the LGBTI population, 92 percent had gone unpunished.

LGBTI rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, increasing their vulnerability to violence and extortion. The COVID-19 lockdown and curfew affected sex workers’ income and further exacerbated existing vulnerabilities. Underscoring heightened risks facing transgender women involved in sex work, the PBI cited three alleged incidents where security forces degraded transgender women for violating the nationwide COVID-19 curfew, including by striking at least one of the individuals. Transgender individuals noted their inability to update identity documents to reflect their gender identity.

Persons with HIV and AIDS continued to be targets of discrimination, and they suffered disproportionately from gender-based violence.

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