PCM-03-2022

This decree declares a state of emergency in Honduras's prison system to demilitarize and modernize it. It transfers control from the military to the National Police for one year, which will implement a gradual transition plan toward civilian authorities while guaranteeing inmates' human rights and improving prison security.

Whereas, in accordance with Article 87 of the Constitution of the Republic, prisons are establishments of security and social defense. The rehabilitation of the inmate and his/her preparation for work shall be pursued therein.

Whereas, in conformity with Article 245, numerals 2, 11, and 19 of the Constitution of the Republic, the President of the Republic is in charge of the General Administration of the State, one of her/his attributions being to direct the general policy of the State and represent it, issue agreements and decrees, and issue regulations and resolutions in accordance with law and manage the Public Treasury.

Whereas, in accordance with what is established in Article 11 of the General Law of Public Administration, the President of the Republic is in charge of the supreme direction and coordination of the centralized and decentralized Public Administration. The President of the Republic in the exercise of her/his functions may act by herself/himself or in Council of Ministers.

Whereas, in conformity with what is established in Article 14, numeral 4 of the General Law of Public Administration, the President of the Republic, by Executive Decree in Council of State Secretaries, may issue within the Centralized Administration the norms required to reorganize those dependencies that the efficiency of the Public Administration demands.

Whereas, the General Law of Public Administration in its articles 98, 99, and 100, reformed by Legislative Decree Number 266-2013, establishes: The Executive Power may intervene totally or partially in all Entities, Organs, or Units of the Public Administration that operate at a loss, do not comply with their functions, or do not adequately provide the services for which they were created. If intervention proceeds, it shall be in charge of an Intervention Commission that shall be responsible for the administration of the intervened entity, organ, or unit and shall conduct an evaluation thereof, with the Advisory of the Superior Court of Accounts; said Intervention Commission has the powers that correspond to the administrators thereof, exercising their legal representation and shall have the necessary powers to establish timely recommendations that allow the Powers of the State to take the pertinent and timely actions, within the scope of their constitutional attributions.

Whereas, Article 29, numeral 11 of the General Law of Public Administration establishes within the competencies of the State Secretariat in the Office of Security, matters concerning the formulation of the national policy for interior security and programs, plans, projects, and citizen security strategies; those related to the restoration of public order for peaceful and harmonious coexistence; the prevention, criminal investigation, and combat of crimes, offenses, and infractions.

Whereas, in conformity with Article 2 of the Organic Law of the State Secretariat in the Office of Security and National Police of Honduras, the maintenance of Public Security is a public policy of the State, therefore, it corresponds to the President of the Republic, through the Secretariat and the National Police, to maintain public order, prevention, control, and combat of crime, protect the security of persons and their property, execute the resolutions, dispositions, mandates, and legal decisions of the authorities and public officials, all with strict respect for human rights.

Whereas, the National Penitentiary System has as its primary purposes the protection of society, the rehabilitation, re-education, and social reintegration of persons sentenced to penalties and security measures that deprive them of liberty, as well as the detention and custody of every person detained, in preventive prison, or serving a sentence that deprives them of liberty.

Whereas, in the year 2019, through Executive Decree PCM 068-2019, the state of emergency was declared and the intervention of the National Penitentiary System was ordered, through the Intervention Commission of the National Interinstitutional Security Force (FUSINA), of a military character, with all superior authorities of the National Penitentiary System suspended in the exercise of their functions, such as the National Penitentiary Institute and the National Institute for the Care of Juvenile Offenders, as well as any management or direction organ. Said intervention would have a duration of six months, ending on June 16, 2020. However, its duration was extended indefinitely.

Whereas, several international organizations, among them the United Nations High Commissioner for Human Rights (OHCHR) and the Inter-American Commission on Human Rights (IACHR), as well as civil society organizations at the national level, have expressed their concern about the extension of the militarization process of the penitentiary system in Honduras, which has caused an increase in violence levels therein, for which they have made a call to unlink military security forces from the custody of penitentiary centers, as well as to publicly report on the status of compliance of the Intervention Commission, main results, and plan for the transfer of the System to civil authorities.

Whereas, from the militarization of the Penitentiary System of the country, violence levels within penal centers have increased, organized crime has influenced criminal groups to adopt methods and apply modalities characteristic of organized crime, several incidents have been recorded resulting in the loss of numerous human lives, injuries, mistreatment, and torture. Violent acts have been recorded even in maximum security penal centers, some of them being perpetrated with firearms and other prohibited objects in the hands of persons deprived of liberty.

Whereas, the State of Honduras has the obligation to guarantee respect for the human rights of persons deprived of liberty, in particular their physical and psychological integrity, health, life, and social reintegration, in fulfillment of its international obligations in this matter.

Whereas, penal establishments are essential components of the Criminal Justice System of the country and, as such, fundamental for guaranteeing the security of the inhabitants of the Republic.

Whereas, Article 2 of the Penitentiary System Law establishes that penitentiary activity shall be developed with the guarantees and within the limits established by the Constitution of the Republic, the laws, the regulations, the judicial sentences, and the international treaties ratified by Honduras.

Whereas, in conformity with what is provided in Article 32 of the Law of the National Penitentiary System, approved by Legislative Decree 64-2012 published in the Official Gazette "La Gaceta" on December 3, 2012 in its edition number 32,990; it establishes that in each penitentiary establishment there must be a Director and a Sub-director Appointed by the Board of Directors of the National Penitentiary Institute (INP) at the proposal of the National Director. These positions must fall to officials of the Penitentiary Service Personnel career who meet the requirements established in the regulations of the Penitentiary Service Personnel Career.

Whereas, Article 293 of the Constitution of the Republic defines the National Police as a permanent professional Institution of the State, apolitical in the partisan sense, of a purely civil nature, in charge of ensuring the preservation of public order, prevention, control, and combat of crime; protecting the security of persons and their property, executing resolutions, dispositions, mandates, and legal decisions of the authorities and public officials, all with strict respect for human rights.