PCM-29-2023

This decree authorizes the Armed Forces to purchase materials and services directly (without bidding) to build a maximum-security prison on Swan Islands and complete another one in Naco. It is issued due to the violence crisis in prisons controlled by criminals, allowing emergency contracting to address the country's prison crisis.

Whereas, in accordance with Articles 59 and 65 of the Constitution of the Republic, the human person is the supreme purpose of society and the State, consequently everyone has the obligation to respect and protect it. In that sense, the Constitution establishes that the right to life is inviolable.

Whereas, in accordance with Article 245, numerals 2, 11 and 19 of the Constitution of the Republic, the President of the Republic is responsible for the General Administration of the State, one of whose powers is to direct the general policy of the State and represent it, issue agreements and decrees and issue regulations and resolutions in accordance with the law and administer 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 responsible for the supreme direction and coordination of centralized and decentralized Public Administration. The President of the Republic, in the exercise of her functions, may act by herself or in Council of Ministers.

Whereas, in accordance 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 with firearms and/or bladed weapons, with actions of extreme cruelty and violence, extremely degrading their human condition; it is necessary that the State exercise all its authority and coercive force to confront the ungoverability of the Penal Centers of the country. Taking into account that they are under the control of criminal organizations with great operational capacity and that they have no respect for the life and physical integrity of the persons deprived of liberty and the authorities responsible for their custody.

Whereas, the Constitution establishes that the President of the Republic exercises direct command of the Armed Forces in her capacity as Commander General, in accordance with the Constitution of the Republic, the Constitutional Law of the Armed Forces and other applicable Laws (Article 277).

Whereas, in accordance with the Constitution of the Republic, it is the duty of the Armed Forces of Honduras to contribute to maintaining public order and to collaborate in emergency situations to maintain peace and the security of persons and their property (Articles 272 and 274).

Whereas, the State Contracting Law establishes that direct contracting may be carried out when the object is to provide for needs occasioned by an emergency situation under the protection of what is established in its Article 9. Likewise, it establishes that the declaration of emergency shall be made by Decree of the President in Council of State Secretaries, when emergency situations occur caused, among others, by public calamity, defense needs or related to states of exception (Articles 9 and 63, numeral 1).

Whereas, the Constitutional President of the republic ordered the Armed Forces of Honduras, required to reorganize those dependencies that the efficiency of the Public Administration demands.

Whereas, in accordance with what is provided in Article 87 of the Constitution of the Republic, prisons are establishments of security and social defense. The rehabilitation of the inmate and preparation for work shall be sought therein.

Whereas, the National Penitentiary System has as its primary purposes the protection of society, the rehabilitation, reeducation and social reintegration of persons sentenced to penalties and security measures depriving them of liberty, as well as the retention and custody of every person detained, in preventive detention or serving a sentence depriving them of liberty.

Whereas, despite the efforts of the Government of the Republic, which through Executive Decree number PCM 03-2022, appointed the National Police of Honduras as an Intervention Commission; Commission that was later replaced through Executive Decree number PCM 16-2023, appointing new members, presided over by the Under-Secretary of State in the Office of Security, Doctor Semma Julissa Villanueva Barahona; violence in the Penitentiary Centers has increased due to the strong control that organized crime exercises therein, making it necessary to resort to extreme measures to guarantee the life and physical and mental integrity of persons deprived of liberty, respect for their human rights and the possibility of their social reintegration.

Whereas, the tragic events that occurred on Tuesday, June 20, 2023, in the National Female Penitentiary of Social Adaptation (PNFAS), in which 46 persons deprived of liberty lost their lives, 23 incinerated and 23 executed, to enable the Swan Islands, Department of the Bay Islands, as a maximum security Penitentiary Center for the transfer of the leaders of criminal organizations, considered highly dangerous, who are detained in the Penitentiary Centers of the country.