CAT/C/HND/CO/1
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Independence of the judiciary
10. The Committee expresses concern at the State party’s failure to establish an independent
body to safeguard the independence of the judiciary and to supervise the appointment, promotion
and regulation of the profession (arts. 2 and 12).
The State party should guarantee the full independence of the judiciary in line with
the Basic Principles on the Independence of the Judiciary (General Assembly
resolution 40/146 of December 1985) and establish an independent body to safeguard
the independence of the judiciary and to supervise the appointment, promotion and
regulation of the profession.
Enforced or involuntary disappearances
11. While welcoming the State party’s invitation of the Working Group on Enforced or
Involuntary Disappearances in 2007, the Committee expresses concern at the absence of full
reparation for victims and families of enforced or involuntary disappearances under former
authoritarian governments before 1982 and, in general, at insufficient investigation, punishment
and compensation for these crimes. It further regrets that the State party has not established a
truth and reconciliation commission. Moreover, the Committee expresses concern at reports of
new cases of enforced and involuntary disappearances, including of children. The Committee
further regrets that the Honduran Criminal Code does not contain a specific provision punishing
the crime of enforced or involuntary disappearance (arts. 2, 4 and 16).
The Committee reiterates the recommendations by the Working Group on Enforced
or Involuntary Disappearances and is concerned that they have not been fully
implemented. The Committee urges the State party to take swift measures to ensure
progress in the search of the missing persons, to establish a comprehensive
programme of reparation and compensation for the victims and their families, to
prevent new instances of enforced or involuntary disappearance and to amend the
Honduran Criminal Code in line with the Convention for the Protection of All
Persons from Enforced Disappearance.
Extrajudicial killings, including of children
12. The Committee takes note of the establishment of a special unit for the investigation of
violent deaths of children within the Honduran Institute for Children and the Family, as well as
the establishment of the Municipal Children’s Ombudsman’s Office, in charge of addressing
ill-treatment and abuse of children. It is, however, very concerned at persistent reports of a high
number of extrajudicial killings, particularly of children, as well as of members of the judiciary
and at the information that some victims of extrajudicial killings appear to have been tortured
before being killed. It is also very concerned at the absence of effective, thorough and impartial
investigations of these incidents (arts. 2, 12 and 16).
The State party should take urgent measures to prevent extrajudicial killings,
particularly of children, as well as of members of the judiciary, and ensure that
thorough impartial investigations of allegations of extrajudicial killings are carried