Recommendations presented by the Special Rapporteur on the Independence of Judges and Magistrates, Diego García-Sayán Independence of the Judiciary.
Honduras must adopt concrete measures that guarantee the independence of the judiciary and protect judges from all forms of political influence with clear legal norms and procedures and objective criteria for appointment, remuneration, mandate, promotion, suspension and dismissal and disciplinary sanctions in relation to members of the judiciary. It is necessary to protect judges against conflicts of interest and intimidation. To safeguard their independence, the law must · guarantee the legal status of judges, including their remaining in office for the established periods, their independence and security, as well as adequate remuneration, conditions of service, pensions and retirement age.
Appointment of senior officials. I urge that Congress consider the possibility of reviewing the procedure for the selection and appointment of magistrates of the Supreme Court, of the Attorney General and of their Advocate, in order to avoid any risk of appointments being made for undue reasons. Transparency and public scrutiny should guide the process of selecting senior officials of the judiciary and the prosecution through transparent procedures that guarantee the participation of society with a view to carefully examining the independence, competence, and integrity of candidates.
Judicial career. All appropriate measures should be taken to ensure stability in the office of judges and magistrates. The selection and appointment of judges and magistrates of the lower courts should be entrusted to an independent authority such as the Judicial Council and should be based on objective criteria to avoid undue interference. Likewise, the selection should be based solely on the merits and carried out anonymously by contest/opposition that has at least one written part. Objective criteria for the appointment, appointment, transfer, and promotion of judges and magistrates, such as capacity, productivity, integrity and experience, must be developed and applied. Final decisions regarding promotions must be taken by an independent body responsible for the selection of judges. Judiciary Council. I am sponsoring that the adoption of the new law on the Judicial Council is not deferred and that the participation of society and, in particular, of judges and magistrates is guaranteed in its approval. In order to guarantee his identity and institutional strength, I suggest that the presidency of the Council not be exercised by the President of the Supreme Court of Justice and that in the process of appointing its members, the interference of political parties be eliminated and acted upon with full transparency, establishing that the people who apply to integrate it possess the qualifications, integrity, capacity, and effectiveness necessary to perform their tasks. Judicial independence and confrontation with corruption. The urgent repeal of the provision contained in art. 415 of the Code of Criminal Procedures that is serving to protect the impunity of senior union officials from acts of corruption. If it is considered that a certain range of “senior officials” must have a special jurisdiction, they should restrict their range and explain that this special jurisdiction can be used only and exclusively in the case of crimes related to political activity and no way for common crimes.
Effective Collaboration. Although there are provisions in the Code of Criminal Procedures (art. 28.5) and in the Criminal Code aimed at encouraging the collaboration of syndicates of corruption acts so that they can provide relevant information in exchange for advantages in criminal treatment, these are not they are part of an integral component that also includes the criminal responsibility of companies so that they can also be part of these procedures. It is urgent that Congress consider the discussion and approval of a law to ensure effective collaboration, particularly in criminal investigations on corruption and organized crime. Citizen security. Honduras has a duty to provide the necessary means for justice operators to freely carry out their activities; protect them when they are threatened to avoid attacks on their life and integrity; refrain from imposing obstacles that impede the performance of their work, and seriously and effectively investigate violations committed against them, fighting impunity.
The mission has played an invaluable role since its installation in 2016 with institutional development of the UFECIC as in the process of constitution of the anti-corruption courts and tribunals, the MACCIH has played a valuable role. Also, in its technical support to the courageous body of prosecutors of the UFECIC, this international mission has been fundamental. Therefore, we urge the government of Honduras and the Organization of American States (OAS) to expire in January 2020 the current mandate of the MACCIH, it will be renewed consolidating and strengthening its functions.