Section 1. Respect for the Integrity of the Person
There were 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 criminal activity by government agents. The Ministry of Security’s Directorate of Disciplinary Police Affairs investigated members of the Honduran National Police 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.
The National Human Rights Commission (CONADEH) reported 15 arbitrary or unlawful killings by security forces as of August. The Public Ministry reported two such cases in judicial processing and five other cases under investigation as of September.
On April 27, the Public Ministry filed an indictment against police officer Jarol Rolando Perdomo Sarmiento for the February 6 murder of Keyla Martinez in La Esperanza, Intibuca Department. Perdomo allegedly killed Keyla Martinez after she was detained for violating the country’s COVID-19 curfew.
The government continued to prosecute individuals allegedly involved in the 2016 killing of environmental and indigenous activist Berta Caceres. On July 5, the National Tribunal Court found Roberto David Castillo Mejia guilty for his role as one of the alleged intellectual authors of her murder.
There were reports of violence related to land conflicts and criminal activity. On July 6, unknown assailants shot and killed land rights defender Juan Manuel Moncada in Tocoa, Colon Department. Authorities continued to investigate the incident.
Organized criminal groups, 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, human rights defenders, and others. Major urban centers and drug trafficking routes experienced the highest rates of violence.
On July 25, media reported individuals shot and killed Liberal Party congressional candidate and former congresswoman Carolina Echeverria Haylock in Tegucigalpa. In September police arrested Denis Abel Ordonez, Michael Andre Mejia, and Walter Antonio Matute Raudales in connection with her murder. Media linked her killing to organized criminal groups and drug trafficking organizations.
There were no credible reports of disappearances by or on behalf of government authorities.
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.
CONADEH reported 69 cases of alleged torture or cruel and inhuman treatment by security forces through August, while the Public Ministry received 18 such reports. The quasi-governmental National Committee for the Prevention of Torture, Cruel, Inhuman, or Degrading Treatment (CONAPREV) received 18 complaints of the use of torture or cruel and inhuman treatment through August.
Corruption along with a lack of investigative resources and judicial delays led to widespread impunity, including in security forces. The Directorate of Disciplinary Police Affairs investigated abuses by police forces. The directorate issued 1,379 recommendations to the Ministry of Security for disciplinary actions as of September following internal investigations of national police members. The Office of the Inspector General of the Armed Forces and the Humanitarian Law Directorate investigated abuses by the military. CONADEH received complaints involving human rights abuses and referred them to the Public Ministry for investigation. The Secretariat of Human Rights provided training to security forces to reinforce respect for human rights. Through September the secretariat trained 2,626 law enforcement officials in human rights and international humanitarian law.
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 reported that authorities at times failed to enforce these requirements effectively.
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. Powerful special interests, including organized criminal groups, exercised influence on the outcomes of some court proceedings.
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, 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.
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. As of September CONADEH had received 33 complaints.
Section 2. Respect for Civil Liberties
The law provides for freedom of expression, including for members of the press and other media, with some restrictions, and the government generally respected this right. An independent press and a functioning democratic political system combined to promote freedom of expression, including for members of the media.
The government allocated a budget of nearly 21 million lempiras ($865,000) for the continued operation of a protection mechanism for journalists, human rights defenders, and judicial-sector operators. As of August it continued to provide protection to 12 journalists, among other types of activists and human rights defenders. Some nongovernmental organizations (NGOs) expressed concern regarding weak implementation of the law and limited resources available to operate the government’s protection mechanism. Civil society organizations criticized the government’s failure to investigate threats adequately.
The Honduran National Police’s Special Victim’s Investigations Unit, formerly known as the Violent Crimes Task Force, investigated crimes against high-profile and particularly vulnerable victims, including journalists as well as judges, lawyers, and members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community.
Censorship or Content Restrictions: Media members and NGOs stated the press self-censored due to fear of retaliation from organized criminal groups or corrupt government officials.
Libel/Slander Laws: Citizens, including public officials, may initiate criminal proceedings for libel and slander. No cases were reported during the year.
Nongovernmental Impact: Some journalists and other members of civil society reported threats from members of organized criminal groups. It was unclear how many of these threats were related to the victims’ professions or activism. Several anonymous social media sites, possibly linked to political parties, criticized journalists (as well as activists and civil society organizations) who were critical of the government or opposition party policies.
The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The national curfew instituted in response to COVID-19, however, limited the freedom of internal movement and affected the freedom to leave the country, including for individuals at risk of or subject to persecution or torture. The government ended the curfew on October 1.
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.
e. Status and Treatment of Internally Displaced Persons
The Internal Displacement Monitoring Center estimated there were approximately 247,000 internally displaced persons (IDPs) due to violence in the country as of 2020. According to UN reports from 2020, transnational gang activity was a primary contributor to violence-related internal displacement. In addition the center estimated approximately 937,000 individuals were forcibly displaced by natural disasters during 2020. Official data on forced internal displacement, especially displacement due to violence, was limited in part because gangs controlled many of the neighborhoods that were sources of internal displacement (see section 6, Displaced Children). NGOs reported IDPs were at increased risk of victimization and exploitation by criminal groups, which was also often the cause of displacement.
The government maintained the Interinstitutional Commission for the Protection of Persons Displaced by Violence and created the Directorate for the Protection of Persons Internally Displaced by Violence within the Secretariat of Human Rights. The secretariat reported assisting 127 IDPs as of August. Both the secretariat and the commission focused on developing policies to address IDPs. Under the Comprehensive Regional Protection and Solutions Framework, with significant support from the Office of the UN High Commissioner for Refugees (UNHCR), the government continued to build capacity to provide services to vulnerable populations, including IDPs, those at risk of forced displacement, refugees, and returned migrants. Despite incremental progress, government capacities remained relatively nascent and limited.
The government cooperated with UNHCR and other humanitarian organizations that provide protection and assistance to refugees and other persons of concern.
Access to Asylum: The law provides for granting asylum or refugee status. The government had a nascent system to provide legal protection to refugees. Its operations to receive and process cases were reliant on substantial support from UNHCR.
Abuse of Migrants and Refugees: Transiting migrants and asylum seekers with pending cases were vulnerable to abuse and sexual exploitation by criminal organizations. Women, children, and LGBTQI+ migrants and asylum seekers with pending cases were especially vulnerable to abuse. Asylum seekers and refugees continued to face acute protection risks in border zones.
Section 3. Freedom to Participate in the Political Process
The law provides citizens the right to choose their government in free and fair periodic elections held by secret ballot and based on nearly universal and equal suffrage. The law does not permit active members of the military or civilian security forces to vote. The constitution prohibits practicing clergy from running for office or participating in political campaigns.
Elections and Political Participation
Recent Elections: In November Xiomara Castro of the LIBRE Party won a four-year presidential term in elections that were generally considered free, fair, and transparent. Some NGOs reported irregularities, including late delivery of technology needed to transmit results, late opening of the polls, poll workers with varying degrees of preparation and knowledge of the electoral law and processes, and lack of transparency in campaign financing. International observers acknowledged some of these irregularities but reported they were not systematic and not widespread enough to affect the outcome of the presidential election. Observers noted several significant improvements in transparency procedures, including electoral reforms, an updated voter registry and new national identification cards, and new technology that included a biometric verification system and a preliminary results transmission system.
Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate.
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. A revision to the penal code that entered into force in June 2020 broadly reduces criminal penalties for corruption by officials. Inconsistent, retroactive implementation of provisions of the revised code led to logjams in the legal system and impunity for some of the accused. Backsliding occurred in cases brought during the four-year mandate of the OAS Mission to Support the Fight Against Corruption and Impunity in Honduras; several of its cases were dismissed or postponed as courts heard appeals based on the new code. The government took some steps to address corruption at high levels in government agencies, including arresting and charging senior officials on COVID-related procurement corruption. The government launched a new Ministry of Transparency in November 2020 to address some of these concerns. Anticorruption efforts remained an area of concern, as did the government’s ability to protect justice-sector officials, such as prosecutors and judges. Civil society continued to criticize the law for classification of documents related to security and national defense, saying it limited transparency and allowed officials to use the classification of documents to obscure wrongdoing.
Corruption: The new trial of former first lady Rosa Elena Bonilla de Lobo on charges of fraud and misappropriation of public funds, originally set to commence in March, was twice delayed for medical reasons. Periodic medical evaluations had not found Lobo healthy enough to proceed. Her most recent evaluation was in August, and the court declared her fit to stand trial in September. Her retrial was scheduled for February 2022.
Marco Bogran, former director of INVEST-H, the Honduran government entity tasked with providing coronavirus pandemic relief contracts to private firms, remained in pretrial detention awaiting his next court appearance, scheduled for January 31, 2022. Bogran was arrested in October 2020 on two corruption charges for embezzling an estimated 1.14 billion lempiras ($47 million) in public funds and funneling a contract for mobile hospitals to his uncle, Napoleon Corrales. He was arrested again in April for separate but related charges.
In January the government funded the opening of a UN Office of Drugs and Crime office to begin a government transparency project and support the drafting of the country’s first national anticorruption strategy.