CAT/C/HND/CO/1
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suffering inflicted. The Committee notes that the crimes of coercion, discrimination and
ill-treatment are prohibited in other articles of the Criminal Code; it however expresses concern
at the different sanctions provided for those crimes (art. 1).
The Committee encourages the State party to continue its commitment to revise the
definition of torture contained in article 209-A of the Honduran Criminal Code and
recommends that the provision be harmonized in strict conformity with article 1 of
the Convention. It further recommends that the State party make torture an
imprescriptible offence.
8.
The Committee further notes with concern that members of the armed forces are not
included as public officials in the definition of torture in article 209-A of the Honduran Criminal
Code and that there exists a parallel definition in article 218 of the Military Code, however
carrying significantly lower sanctions (art. 1).
The State party should abolish any parallel legislation on the criminalization of
torture and harmonize the sentences for the crime of torture by any public official,
including members of the armed forces, as foreseen in article 1 of the Convention.
Fundamental safeguards
9.
The Committee notes that the new Code of Criminal Procedure contains fundamental
safeguards, including the right not to be subjected to ill-treatment or torture during detention.
While noting a certain increase in the number of public defenders and the draft legislation to
enhance their independence, the Committee is concerned that in light of the high percentage of
recourse to public defenders, their number may be inadequate. The Committee is further
concerned that allegations of ill-treatment and torture are investigated by the police itself and
that an independent and external oversight mechanism for alleged unlawful acts committed by
the police does not exist. The Committee is also concerned that, in practice, law enforcement
officials, in particular the preventive police, often do not respect fundamental legal safeguards,
such as to promptly inform the detainee of the reason for arrest, the right of a detainee to access a
lawyer and to access an examination by an independent doctor within 24 hours of detention and
the right to contact his or her family. The Committee is also concerned at the obstacles
experienced by medical professionals to exercise their duties, such as limited access to places of
detention for reporting on possible torture and other cruel and inhuman or degrading treatment or
punishment, including the application of internationally accepted guidelines for such reporting
(arts. 2 and 11).
The State party should ensure that an independent oversight mechanism for alleged
unlawful acts committed by all agents of the State is set up. The State party should
ensure that, in practice, all detainees are immediately informed of the reason for
arrest, that the right to access a lawyer and to contact a family member is respected
and that all detainees undergo a medical examination within 24 hours of their
detention. The State party should also take urgent measures to eliminate all obstacles
experienced by its medical professionals in the exercise of their duties and to establish
adequate guidelines for its medical professionals to report systematically on findings
of torture and other cruel and inhuman or degrading treatment or punishment.