CAT/C/HND/CO/2
(c)
The reform of the Code of Criminal Procedure, particularly the changes
regarding the protection of victims and witnesses, the presumption of innocence, the
application of non-custodial sentences and prison benefits;
(d)
April 2012;
The adoption of the Trafficking in Persons Act, Decree No. 59-2012 of 25
(e)
The adoption of the Act on the Protection of Human Rights Defenders,
Journalists, Social Communicators and Justice Officials, Decree No. 34-2015 of 15 May
2015;
(f)
The adoption of Executive Decree No. 031-2016 of 3 May 2016, establishing
the “Ciudad Mujer” Presidential Programme for the comprehensive support of women,
particularly victims of gender-based violence.
5.
The Committee commends the State party’s efforts to adjust its policies and
procedures in order to afford greater protection for human rights and to apply the
Convention, in particular:
(a)
The establishment of the national preventive mechanism, the National
Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment,
which began work in September 2010;
(b)
The publication of the report of the Truth and Reconciliation Commission on
7 July 2011;
(c)
The adoption on 22 January 2013 of the Public Policy and National Plan of
Action on Human Rights 2013-2022;
(d)
The establishment of a process for conducting a purge of the police pursuant
to the adoption by Congress in April 2016 of Decree No. 21-2016, declaring a state of
emergency for reasons of national security and public interest and calling for a purge of the
National Police.
6.
The Committee welcomes the signing on 4 May 2015 of an agreement between the
Office of the United Nations High Commissioner for Human Rights and the Government of
Honduras on the establishment of a country office in Honduras.
7.
Lastly, the Committee appreciates that the State party maintains a standing invitation
to the special procedures mandate holders of the Human Rights Council.
C.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
8.
The Committee appreciates the additional information provided by the State party in
its second periodic report (CAT/C/HND/2, paras. 230-253) on the implementation of the
recommendations contained in paragraphs 9 (fundamental safeguards), 11 (enforced or
involuntary disappearances), 13 (trafficking in persons), 14 (pretrial detention), 18 (persons
with mental impairment or illnesses deprived of their liberty) and 19 (“unlawful
associations”) of its previous concluding observations. The Committee finds it regrettable,
however, that that information was not transmitted on the date indicated in the previous
concluding observations (CAT/C/HND/CO/1, para. 31) for consideration under the followup procedure.
Appropriate penalties for torture
9.
While taking note of the contents of the draft Criminal Code currently being
considered by parliament, the Committee notes with concern that article 209-A of the
2
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