Summary

The Special Rapporteur on the independence of judges and lawyers undertook an official visit to Honduras from 16 to 22 August 2019. The aim of the mission was to examine the progress made by the country in implementing its obligations under human rights law to ensure the independence and impartiality of judges and prosecutors and the free exercise of the legal profession by lawyers.

The Special Rapporteur welcomes the efforts made by Honduras in recent years to address the structural problems that continue to affect the country. Extreme poverty, discrimination and inequality, violence and insecurity, widespread corruption and a high level of impunity remain major challenges for Honduras, but some progress has been made, in particular with regard to the reduction in the homicide rate. In general terms, however, the inability of State authorities to adequately address those challenges has generated a deep discontent and lack of trust in the political class and State institutions, which also affects the judiciary and, to a lesser extent, the public prosecution service.

The efforts made to strengthen the independence and effectiveness of the justice system have not yet had a significant result in strengthening access to justice and fighting impunity. Underfunding, poorly trained staff and ineffectiveness result in lengthy judicial proceedings and a backlog of cases. Political and other forms of interference and pressure from non-State actors, along with low salaries, are at the root of the high level of judicial corruption, with bribes and irregular payments often being exchanged for favourable court decisions. Violence and impunity continues to be widespread, with more than 90 per cent of crimes remaining unpunished, despite the measures adopted to increase the human, financial and technical resources of the public prosecution service.

The Special Rapporteur concludes the report by offering a number of recommendations aimed at further strengthening the independence of judges and prosecutors and the free exercise of the legal profession.