United Nations
CAT/OP/HND/1
Distr.: General
Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment
10 February 2010
English
Original: Spanish
Subcommittee on Prevention of Torture
Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to Honduras * , **
Contents
Paragraphs Page
Preliminary remarks1–93
Introduction10–174
I.Social and political context in which the visit was conducted and cooperation bythe State party authorities18–255
II.Information received by the Subcommittee on the use of torture andill-treatment in Honduras26–397
III.Torture and ill-treatment in the context of the protest demonstrationsfollowing the events of 28 June 200940–749
IV.Legal and institutional framework for the prevention of torture and ill-treatment75–13816
A.Definition of torture in the Honduran Criminal Code75–7816
B.Institutional context79–11617
C.Legislation and practice governing detention117–13822
V.Situation of persons deprived of their liberty in police custody139–17926
VI.Situation of persons deprived of their liberty in prisons180–26133
A.Role of enforcement judges180–18533
B.Judicial proceedings in respect of the situation in prisonestablishments186–19635
C.Observations of the Subcommittee197–26139
VII.National preventive mechanism262–26550
VIII.Summary of recommendations266–32051
A.Legal and institutional framework266–28351
B.Situation of persons deprived of their liberty in police custody284–29754
C.Situation of persons deprived of their liberty in prisons298–32056
Annex
Comments by the Ministry of Foreign Affairs on the Subcommittee’s preliminary observations60
Preliminary remarks
1.The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was established
following the entry into force in June 2006 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. The Subcommittee began its work in February 2007.
2.The objective of the Optional Protocol is to establish a system of regular visits undertaken by independent international and national
bodies to places where people are deprived of their liberty, in order to prevent torture and any other form of cruel, inhuman or
degrading treatment or punishment. This report uses the generic term “ill-treatment” to refer to any form of cruel, inhuman or
degrading treatment or punishment. The term should be understood in its widest sense, to include inter alia detention in inadequate
physical conditions.