Honduras’s Constitution of 1982 with Amendments through 2013

Judicial Independence

Article 4. The form of government is republican, democratic and representative. It is exercised by three branches: Legislative, Executive and Judicial, which are complementary, independent, and not subordinate to one another. Alternation in the exercise of the Presidency of the Republic is obligatory. Violation of this rule constitutes a crime of treason against the nation. Article 303. The power to dispense justice emanates from the people and is administered free of charge on behalf of the state by independent justices and judges, subject only to the Constitution and the laws. The judicial branch consists of a Supreme Court of Justice, the Courts of Appeals, the courts, by tribunals with exclusive competence in zones of the country subject to special regimes created by the Constitution of the Republic and additional offices specified by law. No trial shall have more than two instances, the judge or justice that has exercised jurisdiction in one of them may not hear the other, nor in the appeal of the same matter, without incurring liability. They also may not judge in the case of spouses and relatives within the fourth degree through blood relation or the second through marriage.

Judicial Council or Parallel Institution

Article 317. The Council of the Judiciary and the Judicial Career are hereby created, whose members, organization, domain, and powers and duties shall be the subject of a law, which shall be approved by two thirds of the favorable vote of the full membership of the Representatives of the National Congress. The judges and justices may not be dismissed, suspended, transferred, demoted, nor retired unless with cause and with the guarantees provided for in the law. The term of the members of the Council of the Judiciary and the Judicial Career shall be five years and they may be re-elected for one additional term and must give their service full-time and exclusively. There shall be an exception for the members of the Council who are part of the Supreme Court of Justice who shall act during the period for which they were elected. The law shall determine its organization, domain, and responsibilities and powers.

Attorney General’s Office

Article 228. The Office of the Attorney General of the Republic shall be the legal representative of the state. Its organization and operation shall be determined by law. Article 229. The Attorney General and the Deputy Attorney General of the Republic shall be elected by the National Congress for a term of four years and they may not be reelected for a subsequent period; they must have the same qualifications and shall have the same prerogatives and qualifications as prescribed by this Constitution for Justices of the Supreme Court of Justice.

General Assembly

Judicial independence in the context of the 2030 Agenda for Sustainable Development, October 14, 2022

Human Rights Council

Protection of lawyers against undue interference in the free and independent exercise of the legal profession, June 21, 2022

General Assembly

Participation of women in the administration of justice, October 13, 2021

Human Rights Council

Report on Impact and challenges of the coronavirus disease (COVID-19) pandemic for independent justice, June 28, 2021

General Assembly

Report on Disciplinary Proceedings Against Judges, October 15, 2020

Human Rights Council

Report: Independence of Public Prosecutors, Corruption and Human Rights, July 13, 2020

General Assembly - October 16, 2019

Report on the UN Basic Principles on the Independence of the Judiciary

Human Rights Council

Report on the official visit to Honduras in August 16-22, 2019

Human Rights Council - June 24, 2019

Report on freedom of expression, association and peaceful assembly of judges and prosecutors