Agreement 03-2018

Authorize Representation Expenses for the fiscal year of the present year two thousand eighteen (2018), to the citizen ANGEL ROBERTO MATUTE MENOCAL, in his capacity as Deputy Director of Protected Areas and Wildlife of the National Institute of Forest Conservation and Development, for a maximum amount of FIFTEEN THOUSAND EXACT LEMPIRAS (L.15,000.00) monthly.

The present Executive Agreement shall be executed immediately and must be published in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, on the seventeenth day of the month of September of the year two thousand eighteen (17.09.2018). LET IT BE COMMUNICATED AND PUBLISHED. MARTHA VICENTA DOBLADO ANDARA UNDERSECRETARY OF STATE FOR GENERAL GOVERNMENT COORDINATION By delegation of the President of the Republic Executive Agreement No. 023-2018 EBAL JAIR DÍAZ LUPIÁN Secretary of State Supreme Court of Justice Agreement of the Regulations for the Special Protection Unit for Judicial Officers Attached to the Judicial Branch of the Republic of Honduras AGREEMENT No. 03-2018 Tegucigalpa, municipality of the Central District, October 26, 2018. THE SUPREME COURT OF JUSTICE: CONSIDERING: That in accordance with what is established in Article 1 of our Political Constitution, Honduras is a Rule of Law State, sovereign, constituted as a free, democratic and independent Republic, to assure its inhabitants the enjoyment of justice, liberty, culture and economic and social well-being. CONSIDERING: That Article 59 of the Constitution of the Republic provides that the human person is the supreme purpose of society and the State. CONSIDERING: That based on Article 303 of the Constitution, the power to administer justice emanates from the People and is administered gratuitously in the name of the State, by independent Judges, Justices, Magistrates and Magistrates, subject only to the Constitution and the laws. CONSIDERING: That Article 307 of the Constitution mandates that the Law, without prejudice to the independence of judges and magistrates, shall provide what is necessary to ensure the correct and normal functioning of the courts of justice, providing effective means to meet their functional and administrative needs, as well as the organization of auxiliary services. CONSIDERING: That the Inter-American Court of Human Rights recognizes the fundamental role of State officials who perform essential functions for the respect and guarantee of Human Rights. From this perspective, judges are contemplated, to whom the jurisdictional function primarily corresponds, as well as public defenders who, from their respective roles, are linked to the processes in which the State performs functions aimed at guaranteeing access to justice and due process as cornerstones of the Democratic and Rule of Law State. CONSIDERING: That the State of Honduras has the obligation to protect Judicial Officers from attacks, acts of intimidation, threats and harassment, investigating those who commit violations against their rights and effectively sanctioning them. In this sense, the Plenary of the Supreme Court of Justice notes that necessary actions must be taken, in concurrence with other State bodies responsible for public security, to guarantee the security of its judicial operators against all kinds of external pressures, including reprisals directly aimed at attacking their person and family, a situation that may affect the jurisdictional function and access to justice. CONSIDERING: That the National Action Plan on Human Rights of the Republic of Honduras commits the State's obligation to reduce to zero violations of the right to life of human rights defenders, social communicators and judicial operators, for which the creation of a Special Law is mandated that adopts measures for the security of persons and groups in situations of vulnerability or exposed to specific risk situations for human rights defenders, journalists, social communicators and judicial operators. CONSIDERING: That International Conventional and Jurisprudential standards consider that the protection of the life and integrity of Judicial Officers is a State obligation and an essential condition to guarantee due process and judicial protection. In particular, the Inter-American Court of Human Rights has stated that "the State must guarantee that judicial officials, prosecutors, investigators and other justice operators have an adequate security and protection system, taking into account the circumstances of the cases under their charge and the place where they are working, which allows them to perform their functions with due diligence". CONSIDERING: That the United Nations Basic Principles on the Independence of the Judiciary establish that judges shall decide the matters before them with impartiality, based on facts and in accordance with law, without restriction and without influences, incentives, pressures, threats or improper interference, whether direct or indirect, from any sector or for any reason. Similarly, the United Nations Human Rights Committee has stated that it is necessary to protect judges against conflicts of interest and intimidation. To this end, the law must adequately guarantee the security of judges and States must establish actions to guarantee the physical protection of judges and their families at all times. CONSIDERING: That the Inter-American Commission on Human Rights of the Organization of American States in its reports on Honduras has expressed its concern about acts of violence against Judicial Officers and the situation of insecurity and lack of adequate protective measures for them and their families against threats and risks arising from the work they perform. In this sense, it has recommended that the State establish specific protection mechanisms for Judicial Officers and their relatives and implement actions that materialize the special duty of protection so that they can carry out their work of fighting impunity without becoming victims of the very cases they investigate or resolve. CONSIDERING: That the Universal Periodic Review Mechanism of the United Nations Human Rights Council approved various recommendations to the State of Honduras related to the situation of protection of judges and magistrates, urging the State to adopt an effective prevention and protection policy to guarantee the right to life, integrity and security of Judicial Officers. CONSIDERING: That through Legislative Decree No. 34-2015 of April 16, 2015, published in the Official Gazette La Gaceta No. 33,730 of May 15, 2015, the Law on Protection for Human Rights Defenders, Journalists, Social Communicators and Judicial Operators and its Regulation of August 16, 2016 were issued, which defines in its Article 5 Judicial Operators as "the officials or employees who participate in the process of application or administration of the Law as police officers, prosecutors of the Public Ministry, judges and magistrates of the Judicial Branch and lawyers in the performance of public defender duties that they perform in the exercise of their profession". CONSIDERING: That the Law on Protection for Human Rights Defenders, Journalists, Social Communicators and Judicial Operators establishes in its Article 64 the obligation for institutions in the justice sector to progressively organize a protection mechanism for judges, magistrates, public defenders and prosecutors, in accordance with the principles, risk analysis and standards established in the mentioned Law and its Regulation mandates in its Article 73 to the Coordination of the National Council to prioritize the necessary actions so that the Judicial Branch and the Public Ministry progressively organize a Protection Mechanism for Judges, Magistrates, Public Defenders and Prosecutors within six (6) months following the approval of the Regulation. CONSIDERING: That the Special Protection Law for Officials and Former Officials at Extraordinary Risk - Decree 323-2013 - considers that there are high-ranking State officials and Judicial Officers who, as a direct consequence of their actions and decisions inherent to their position, are exposed to extraordinary risks and real threats and for that reason the protection of the State is necessary in the performance of their functions and in certain cases after they have ceased. CONSIDERING: That according to Agreement No. PCSJ 12-2018, the Special Protection Unit for Judges, Magistrates and Public Defenders is created, which as a technical support body will be responsible for managing the implementation of the special protection mechanism for judicial operators attached to the Judicial Branch. CONSIDERING: That, with the repeal of the Law of the Judiciary Council and Judicial Career, as a result of its declaration of unconstitutionality, the Law on Judicial Career, its Regulation and the Internal Regulation of the Judicial Career Council have returned to full force, as well as Article 3 transitory of Legislative Decree No. 282-2010, ratified by Legislative Decree No. 5-2011, which provides that, while the Judiciary Council and the Judicial Career Council are established, the President of the Supreme Court of Justice shall have the authority to: 1) select, appoint and remove Judges, Justices, Magistrates and other jurisdictional and administrative personnel, in accordance with what is established in the Law; and, 2) organize and administratively direct the Judicial Branch. CONSIDERING: That the Internal Regulation of the Supreme Court of Justice grants in its Article 15 to its President, among other attributions: a) Preside over the Supreme Court of Justice and represent the Judicial Branch in official and public acts; and perform the administrative function of the Judicial Branch in accordance with the Constitution of the Republic and other Laws. THEREFORE: The Supreme Court of Justice, unanimously, in the name of the State of Honduras and in the exercise of its constitutional, legal and regulatory powers, issues the following: "REGULATION OF THE SPECIAL PROTECTION UNIT FOR JUDICIAL OFFICERS ATTACHED TO THE JUDICIAL BRANCH OF THE REPUBLIC OF HONDURAS TITLE I GENERAL PROVISIONS SOLE CHAPTER

OBJECT This Agreement enacts the Regulation of the Special Protection Unit for persons who perform the work of judicial operators attached to the Judicial Branch and has the purpose of developing the necessary powers for its operation. It establishes the levels of coordination and the execution of functions for the respect and guarantee of the rights to life and integrity of judicial operators of the Judicial Branch, recognizing the differential and gender approach in all its actions. It shall be understood that the Unit will protect the following judicial operators attached to the Judicial Branch (hereinafter judicial operators or justice operators): Magistrates of the Supreme Court of Justice, Magistrates of Appellate Courts, both principal and permanent members, Law Clerks, Assistants of Appellate Courts, Judges, Rapporteurs, Public Defenders, Secretaries, Court Receivers and Judicial Auxiliaries and personnel who work in administrative bodies and those who perform administrative functions in jurisdictional bodies.

FOUNDATIONS AND PRINCIPLES FOR THE APPLICATION OF THIS REGULATION 1) PRO-PERSON: All provisions, procedures and measures of prevention and protection established in this Regulation are directed to guarantee respect for the life and dignity of persons who perform the work of judges, magistrates, public defenders and in general any judicial operator of the Judicial Branch, they must be interpreted in accordance with the Constitution of the Republic and with international treaties on human rights signed and ratified by the State of Honduras. 2) NO RESTRICTION OF RIGHTS: Laws and government provisions or any other kind that diminish or restrict the exercise of rights and guarantees established for these officials are not applicable or compatible with the nature and function of the Unit. 3) EFFECTIVE ENJOYMENT OF RIGHTS: Attending to the obligation of protection by the State, it is considered that Judicial Officers of the Judicial Branch cannot be limited in their access to the Special Protection Unit and the State cannot allege any condition or restriction, as long as the person meets the requirements established in this Regulation. 4) PREVENTION: The Unit as well as the institutions responsible for and involved in protection have the permanent duty to establish and adopt all effective strategies and measures that prevent any risk directed at Judicial Officers and that therefore prevent threats against their life, integrity, freedom and security; verbal attacks; judicial, fiscal or police harassment; intimidations; restrictions on their rights to assembly, association or participation; unjustified sanctions or disqualifications. In this sense the Unit shall have the authority to issue early warnings to develop comprehensive prevention actions from the highest authority of the Judicial Branch and the competent State institutions. 5) GOOD FAITH: All actions that take place before the Unit, as well as the provisions, resolutions and actions arising therefrom, are subject to the postulates of good faith. 6) VOLUNTARINESS: The request for preventive and protection measures, the acceptance thereof and the decision by the beneficiary to withdraw from them are of a voluntary nature. The foregoing indicates that any measure defined by the Unit must be adopted in consultation with the beneficiaries to guarantee its timeliness, relevance, effectiveness and allow the development of their work as a judicial operator. 7) CONSENT: The acceptance of preventive and protection measures will require a manifestation by the beneficiary that this is their own decision, express, free and voluntary. 8) CONFIDENTIALITY: All processes, procedures and information relating to the protection of persons benefiting from the Unit shall have a reserved character and shall be kept under confidentiality to not compromise their security, that of their family or work team. Beneficiaries of the measures are also obligated to maintain such reserve. 9) PRINCIPLE OF AGREEMENT OR CONSULTATION: It is essential to establish direct channels of consultation and stable dialogue and tables of respectful and constructive agreement and dialogue with associations and organizations of judges, magistrates and public defenders, to learn of their needs and evaluate the performance of protection measures granted. 10) CAUSALITY: The granting of preventive and protection measures is based on the degree of direct connection between the existence of the risk and the exercise of the duties of the judicial operator. That is, the risk occurs by occasion or by reason of these. 11) PROPORTIONALITY: Preventive or protection measures shall be adopted and implemented in accordance with the level of risk, taking into account the severity of the threat and the likelihood of harm to the beneficiaries in accordance with the Risk Study. Likewise, these measures must correspond to the circumstances of manner, time and place in which the risk occurs. 12) INTEGRITY: This principle extends prevention and protection to the actions of articulation, coordination, cooperation, information and follow-up that are carried out to promote the investigations that the Public Ministry conducts on the facts reported and that motivated the protection of Judicial Officers. 13) EFFECTIVENESS: Protection or security measures have the objective of preventing the materialization of risks or mitigating the effects of their eventual occurrence. 14) SUITABILITY: Protection measures must be appropriate to the risk situation and seek to adapt to the particular conditions of protected persons. Likewise, the coordination, adoption and provision of protection measures must be simple, accessible and processed in accordance with the needs of judges, magistrates and public defenders at risk. 15) TIMELINESS: Prevention and protection measures shall be provided in an agile and expedited manner. 16) TEMPORALITY: Preventive and protection measures shall be of a temporary nature and shall be decreed and maintained while the risk situation persists. 17) EXCLUSIVITY: Preventive and protection measures shall be intended exclusively and for the duration of their validity to Judicial Officers designated as program beneficiaries and, if there is extensive risk, to their relatives or members of their work teams. 18) GRATUITY: Preventive and protection measures shall have no cost to be assumed by their beneficiaries. 19) EQUAL TREATMENT, NON-DISCRIMINATION, DIFFERENTIATED AND GENDER APPROACH: No distinction shall be made based on gender condition, ethnicity, social or economic condition, sexual preference or orientation, nationality, religion, political opinion and any other for the provision of the service. However, special and specific measures must be adopted to address Judicial Officers who, due to their gender condition and the work they develop, may face greater risk or vulnerability. 20) COORDINATION: The Special Protection Unit shall act in an orderly, systematic, coherent, efficient and harmonious manner with the institutions that are part of the National Protection System, to guarantee the rights to life, integrity, freedom, security and the rights of assembly, association, participation; as well as to guarantee the conditions that allow the impartiality and independence of Judicial Officers of the Judicial Branch. 21) CONCURRENCE: The Special Protection Unit and the institutions that are part of the National Protection System established in the Law on Protection for Human Rights Defenders, Journalists, Social Communicators and Judicial Operators and its Regulation, at all territorial levels of the State shall provide preventive and protection measures in accordance with their competencies and institutional, administrative and budgetary capacities, for the effective guarantee of rights protected to the beneficiaries of the Unit. 22) SPECIALIZATION: All State institutions that coordinate and cooperate in the adoption and implementation of preventive and protection measures shall ensure that their officials responsible for care, security bodies or escorts are trained to adequately provide protection to persons at risk and vulnerability. The foregoing implies that they must have knowledge and be constantly updated on best practices in human rights, state responsibility and international human rights law; likewise, it is essential that their processes for selection and incorporation into public service comply with transparency policies that involve the participation of the population served by the Special Protection Unit. 23) INTERPRETATION: This Regulation shall be interpreted observing the foregoing principles and, in a complementary manner, the principles and foundations established in the Constitution, the Protection Law and its Regulation shall be observed. 24) OBJECTIVITY: The Special Protection Unit shall conduct its actions always free of prejudice and based on sound investigation criteria.

CRITERIA AND DEFINITIONS.

• 1)

  JUDICIAL OPERATORS OF THE JUDICIAL BRANCH: The Law on Protection for Human Rights Defenders, Journalists, Social Communicators and Judicial Operators defines in its Article 5 Judicial Operators as: "the officials or employees who participate in the process of application or administration of the Law as police officers, prosecutors of the Public Ministry, judges and magistrates of the Judicial Branch and lawyers in the performance of public defender duties that they perform in the exercise of their profession". As a result of the foregoing, judges are recognized as controllers of the constitutionality and legality of acts of other branches of the State, as well as administrators of justice in a democratic society. Public defenders, for their part, perform an essential role to ensure that the State complies with its obligation to guarantee due process to persons who may be affected by the exercise of the State's punitive power.

• 2)

  GUARANTEES OF INDEPENDENCE AND IMPARTIALITY: Duty of the State to ensure that Judicial Officers are not exposed to undue pressures and to offer the necessary conditions so that their decisions and actions are not subject to interference from other branches of the State or interference from third parties.

• 3)

  REINFORCED GUARANTEES OF STABILITY: Duty of the State that allows Judicial Officers to carry out their work without prejudice to affecting their job security, granting access to justice to all persons in their jurisdiction, the right to defense and the fulfillment of their professional responsibilities.

• 4)

  POLITICAL RIGHTS OF JUDICIAL OFFICERS: Judicial Officers enjoy broad freedom of expression rights, which should only be restricted when it affects their impartiality, independence and professional secrecy in the exercise of their functions. Likewise, the right of Judicial Officers to form associations aimed at defending judicial independence, representing their interests and promoting their professional development is recognized; restrictions on these rights must be provided by law, pursue a legitimate aim and must be necessary and proportional in a democratic society.

• 5)

  RISK: The possibility that a threat in a specific place and time becomes an effective violation of a fundamental right of Judicial Officers. It is constructed based on two dimensions: the threat, referring to the explicit nature evident and causative of the event and vulnerability, of an intrinsic, specific and particular nature of the judicial operator, that damage or harm is inflicted upon them. Likewise, the capacities of Judicial Officers understood as their options and strategies to face the risk counteract vulnerability, hence decreasing the probability that the threat will materialize.

• 6)

  THREAT: Risk assessment factor related to situations or external facts with the potential to cause harm to a judicial operator or group of them, through an intentional action and by any means.

• 7)

  VULNERABILITY: Risk assessment factor, complementary to the context, related to weaknesses associated with the beneficiaries that expose them in an exceptional way to face the risk in which they find themselves as a result of the exercise of their activity. In this sense, particular attention must be paid to the conditions of vulnerability to which judicial operators may be exposed due to their gender condition or sexual preference.

• 8)

  CAPACITY: Risk assessment factor, complementary to the context, related to strengths associated with the beneficiaries and their political and social networks, that counteract vulnerability and therefore increase their levels of response to face the risk in which they find themselves as a result of the exercise of their activity.

• 9)

  AGGRESSION: Specific acts that damage the physical, psychological, moral or economic integrity of justice operators; these are configured by action or omission.

• 10)

  VICTIM: That person who has suffered physical, mental, emotional damage or harm to their legal assets or impact on the exercise of their rights as a result of the occasion of a crime or violation of their human rights. For the purposes of the interpretation of this Regulation and in accordance with the Protection Law and its Regulation, beneficiaries and their family nucleus or those affected by "extensive risk" may hold such mention, for which the State is obliged to provide all necessary actions through other institutional mechanisms and instances created to fulfill such duty, regardless of the protection measures that may be applicable.

• 11)

  EXTENSIVE RISK: That which derives from the risk in which beneficiaries are exposed as a consequence of their work as a judicial operator, which can affect both the family nucleus - spouse, concubine, concubino, ascendants, descendants, children, dependents of persons at risk - as well as those persons who participate in the same activities of the group, organization or association, in accordance with what is determined in the Risk Assessment Study.

• 12)

  ORDINARY RISK (Moderate): That to which all Judicial Officers or their family nucleus are subjected, under equal conditions, by the fact of performing their function, which generates for the State the obligation to adopt general security measures through the observance of minimum rules of security, prudence and the efficient coordination of resources that the institution provides during the performance of their work.

• 13)

  EXTRAORDINARY RISK (Serious): That which Judicial Officers or their family nucleus are not legally obligated to endure and, for that reason, carries with it the right to receive from the State special protection by its institutional authorities or others of the State security system for such purpose, in accordance with the following characteristics:

  • a)

    That the risk be specific and identifiable;

  • b)

    That the risk be concrete, based on particular and manifest actions or facts, confirmed through the risk profile and not based on abstract assumptions;

  • c)

    That the risk be present, not based on facts already consummated or eventual;

  • d)

    That the risk be important, that is, that it threaten to injure valuable legal assets or interests, physical and psychological integrity for the server or official;

  • e)

    That the risk be of probable materialization, taking into account the circumstances of the case;

  • f)

    That the risk be clear and discernible;

  • g)

    That the risk be exceptional, when it is a situation that should not be endured by anyone;

  • h)

    Any other criterion that is of objective and necessary consideration by the authority designated for its analysis.

• 14)

  IMMINENT OR EXTREME RISK (Very Serious): That which threatens the rights to life and integrity and is presented when all the characteristics indicated for extraordinary risk converge. Additionally, this type of risk must be:

  • a)

    Serious and imminent;

  • b)

    Directed against life or personal integrity, with the evident purpose of violating such rights.

• 15)

  PREVENTIVE MEASURES: Actions that seek to effectively, promptly and expeditiously guarantee the reduction of risk and vulnerability of beneficiaries. These are of an individual or collective nature, suitable, effective and temporary, which shall be determined in the Risk Assessment Study.

• 16)

  PROTECTION MEASURES: Actions that seek to protect the beneficiary or a group of organized and/or associated beneficiaries, to prevent the intention to cause harm from materializing.

• 17)

  RISK ASSESSMENT STUDY: Final document of the analysis procedure conducted to determine the level of risk of a beneficiary or a group of organized and/or associated beneficiaries.

• 18)

  EXTRAORDINARY PROCEDURE: Procedure carried out when imminent and exceptional risk is determined, in which urgent provisional protection measures shall be adopted for the beneficiaries of the Special Protection Unit.

• 19)

  ORDINARY PROCEDURE: Procedure followed after learning of the request for protection by a judicial operator or group, when it is considered that there are no signs of imminent and exceptional risk.

• 20)

  RISK REEVALUATION: Procedure that takes place once the validity of the measures adopted by the Technical Committee for the protection of a judicial operator expires. It can also be determined from the knowledge of new facts associated with the risk by request of the beneficiary or at the consideration of the General Coordination or the Technical Committee.

• 21)

  LAW: This term in this Regulation refers to the Law on Protection for Human Rights Defenders, Journalists, Social Communicators and Judicial Operators.

• 22)

  REGULATION: This term in this Regulation refers to the Regulation approved in August 2015 and regulatory of the Law on Protection for Human Rights Defenders, Journalists, Social Communicators and Judicial Operators.

No request for protection presented by a Judicial Officer of the Judicial Branch in the national territory shall be dismissed by the Special Protection Unit. TITLE II OF THE FUNCTIONS IN MATTERS OF PREVENTION WITHIN THE FRAMEWORK OF THE NATIONAL PREVENTION SYSTEM IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS AND THE PREVENTION OF THEIR VIOLATIONS SOLE CHAPTER

OF THE PREVENTION OF ACTS OR AGGRESSIONS AGAINST JUDICIAL OPERATORS OF THE JUDICIAL BRANCH. These are preventive measures aimed at reducing the risk factors that favor aggressions against Judicial Officers of the Judicial Branch, as well as combating the structural causes that produce them, for which the Special Protection Unit must:

• 1)

  Conduct and present to the President of the Supreme Court of Justice a periodic analysis of internal and external risks associated with the Judicial Branch for Judges, Magistrates and Public Defenders.

• 2)

  Keep the registry of harms and aggressions against Judicial Officers of the Judicial Branch. This registry must have a level of confidentiality that protects victims, their families and work teams, but must produce statistics that identify patterns and types of aggressions that allow the adaptation of preventive and protection measures adopted by the Unit and by the institutions responsible for generating complementary measures in the exercise of co-responsibility assigned by the Law.

• 3)

  Present to the President of the Supreme Court of Justice, reports on the situation regarding public order and judicial matters, as well as early warnings about legal frameworks, public policies or institutional directives, that may affect the principles of impartiality, independence and stability of Judicial Officers, or put at risk their life, integrity, freedom and security.

• 4)

  Implement and carry out actions aimed at confronting aggressions of any kind against Judicial Officers, which means that the Unit must act before the instances responsible for investigations of aggressions against Judicial Officers and demand that they work seriously, professionally and scientifically in all investigations of these facts, dedicating all means to confront impunity, identify intellectual and material authors, prosecute them and adequately compensate victims. 6) Train all public officials, in particular those who work in the departments involved in the implementation process of the Unit regulated by this Regulation, through constant training on the guarantees for independence and the obligation of protection in favor of Judicial Officers. 7) Promote the exchange of experiences with other countries that can contribute to the design of prevention and protection measures and strategies. 8) Others, which shall be defined for the prevention and avoidance of the materialization of risks. TITLE III STRUCTURE, POSITIONS AND FUNCTIONS OF THE SPECIAL PROTECTION UNIT CHAPTER I REGARDING THE NATIONAL COUNCIL FOR PROTECTION OF HUMAN RIGHTS DEFENDERS, JOURNALISTS, SOCIAL COMMUNICATORS AND JUDICIAL OPERATORS

RELATIONSHIP BETWEEN THE NATIONAL COUNCIL FOR PROTECTION OF HUMAN RIGHTS DEFENDERS, JOURNALISTS, SOCIAL COMMUNICATORS AND JUDICIAL OPERATORS WITH THE SPECIAL PROTECTION UNIT OF THE JUDICIAL BRANCH. 1) The Special Protection Unit shall carry out all actions established in this Regulation and shall enjoy administrative autonomy to develop its work. The President of the Supreme Court of Justice shall ensure that the Special Protection Unit has the personnel and financial resources necessary to fulfill its purpose, for which purpose it may exercise legal powers and enter into cooperation agreements with national or international institutions. 2) Judicial Officer beneficiaries may go to the National Council to present their views on the treatment provided in their particular cases, in which case the National Council may request information from the Special Protection Unit about the protection actions and measures ordered, being able to evaluate their effectiveness and urging the Special Protection Unit to their due implementation. For all purposes, the National Protection Council in its function as advisory body of the Unit shall not be able to intervene in the treatment of the cases under its study and competence, nor shall it serve as a reviewing body of its decisions. CHAPTER II COORDINATION OF THE SPECIAL PROTECTION UNIT OF THE JUDICIAL BRANCH

SUBORDINATION AND ORGANIZATIONAL STRUCTURE OF THE SPECIAL PROTECTION UNIT. The President of the Supreme Court of Justice, in accordance with their legal and regulatory powers, shall designate the Department, the levels of hierarchy and coordination in which the Special Protection Unit is inscribed in the Judicial Branch and shall make the appointments of personnel for its functions, who must comply with the profiles determined in this Regulation. Likewise, they shall carry out the administrative actions and budgetary provisions to provide the Special Protection Unit with the necessary and sufficient resources, both for its operation and for the implementation of protection measures.

REGARDING THE PROFILE FOR PERFORMING THE POSITION OF GENERAL COORDINATION. The President of the Supreme Court of Justice shall ensure and verify that in order to proceed with the appointment of the person who performs the position of General Coordination of the Special Protection Unit, this person complies with the requirements and the appropriate profile for its correct performance. In particular, they must have a Bachelor's degree in Law or equivalent, extensive experience in human rights, criminal law and administration of justice; knowledge about protection of Judicial Officers and not have sentences for aggressions, violations or impacts on human rights. As specific criteria, it will be verified that they comply with at least the following requirements:

• a)

  Knowledge of national and international legislation on human rights;

• b)

  Knowledge of the organization of the Judicial Branch in Honduras;

• c)

  Knowledge of the justice sector and especially of the organizations, associations, associations and groups created by Judicial Officers for the defense and promotion of their professional practice and their guarantees, freedoms and rights;

• d)

  Knowledge of the Universal and Inter-American human rights systems;

• e)

  Knowledge of the protection mechanisms and programs offered by the Honduran State;

• f)

  Knowledge of the human rights public policies of the Honduran State;

• g)

  Knowledge of jurisprudence and national and international doctrine on State obligations of prevention and protection;

• h)

  Knowledge of methodologies for identification and risk assessment;

• i)

  Knowledge of investigation methodologies;

• j)

  Knowledge of personnel administration policies of the Judicial Branch.

ON THE FUNCTIONING OF THE GENERAL COORDINATION. For the functioning of the General Coordination, an operational structure shall be created organized in the following manner: a. Technical Office of Legal Advisory. b. Technical Office of Administrative Support. c. Office of Case Reception, Immediate Reaction and Risk Prevention Management. d. Office of Risk Analysis and Implementation of Preventive and Protective Measures.

TECHNICAL OFFICE OF LEGAL ADVISORY. It is an advisory office of the General Coordination and shall perform the following functions:

• 1)

  Support in the preparation of inputs for the preparation of annual and semi-annual reports that must be presented before the National Protection Council;

• 2)

  Convene monthly ordinary meetings of the Technical Committee, for which it shall send its members with at least four (4) business days in advance, verifying that its members receive all the information that this body requires for its operation and decision-making, in particular to prepare its meeting minutes, notes, memory aids, resolutions, protection orders and other documents for its proper functioning;

• 3)

  Keep the minutes of the Technical Committee, maintain them updated and verify that its mandates and resolutions are complied with;

• 4)

  Support in the response to the General Coordination and its offices in the processing of petitions, complaints about the service and claims from beneficiary persons, ensuring that they receive adequate and timely attention. Likewise verify that the requests for information from the National Council are addressed;

• 5)

  Address transparency and access to information requests and maintain updated data, statistics and all information about the operation of the Special Protection Unit;

• 6)

  Follow up on compliance with prevention and protection measures ordered by the Inter-American System related to Justice Operators and coordinate actions with competent authorities;

• 7)

  Execute the inter-institutional agreements required by the Special Protection Unit that are necessary to guarantee comprehensive care; the adoption of prevention and protection measures by the different institutions with direct competence and the adoption of complementary measures by institutions and entities involved;

• 8)

  All other functions that the General Coordination assigns to it for its proper performance.

ON THE PROFILE TO PERFORM THE POSITION IN THE TECHNICAL OFFICE OF LEGAL ADVISORY. The General Coordination shall verify that the person who performs the functions as head of the Technical Legal Advisory complies with the appropriate profile and qualifications for the correct performance of the assigned functions. In particular, they must have a Bachelor's degree in Law or equivalent; extensive experience in public administration, human rights matters, criminal law and administration of justice, and have no convictions for violations or impacts on human rights. As specific criteria, it shall verify that they comply with at least the following requirements:

• a)

  Knowledge of the National Constitution and the organization of the Honduran State;

• b)

  Knowledge of the Justice Sector and especially of organizations, associations, associations and collectives created by Justice Operators for the defense and promotion of their professional practice and their guarantees, freedoms and rights;

• c)

  Knowledge of national human rights regulations.

TECHNICAL OFFICE OF ADMINISTRATIVE SUPPORT. It is an advisory office of the General Coordination and shall perform, in its representation, the following functions:

• 1)

  Develop and maintain updated indicators of impact, results and management on preventive and protective measures adopted, their implementation and effectiveness based on monitoring carried out;

• 2)

  Conduct detailed control of protection measures ordered by the Technical Committee and once the time established in the resolution ordering the measures has been completed, it shall automatically send the case to the Risk Analysis office for re-evaluation;

• 3)

  Follow up on the implementation of measures, their quality and suitability, as defined by the Technical Committee;

• 4)

  Automatically send the case to the Risk Analysis office for re-evaluation when requested by the General Coordination or the beneficiary person;

• 5)

  Coordinate the transfers of persons at risk so that they can attend in person when required by the Special Protection Unit;

• 6)

  Be responsible for attending to the physical and digital files of the Unit, with the information generated from the different offices that compose it, for which it shall be guided by the guidelines of the Judiciary in this matter;

• 7)

  Coordinate the logistics of the Technical Committee sessions; 9) Manage all logistical aspects for the displacement of Unit officials, as well as the logistical and administrative aspects required for the performance of its functions; 10) Prepare the annual budget, according to the methodology defined by the Judiciary for such purpose; 11) Identify training and education needs of personnel; 12) All other functions that the General Coordination assigns to it for its proper performance.

ON THE PROFILE TO PERFORM THE POSITION IN THE TECHNICAL OFFICE OF ADMINISTRATIVE SUPPORT. The General Coordination shall verify that the person who performs the functions as head of Administrative Support complies with the appropriate profile and qualifications for the correct performance of the assigned functions. In particular, they must have a Bachelor's degree in Social Sciences or equivalent; extensive experience in public administration and administration of justice, and have no convictions for aggressions, violations or impacts on human rights. As specific criteria, it shall verify that they comply with at least the following requirements:

• a)

  Knowledge of the National Constitution and the organization of the Honduran State;

• b)

  Knowledge of the Justice Sector and especially of organizations, associations, associations and collectives created by Justice Operators for the defense and promotion of their professional practice and their guarantees, freedoms and rights;

• c)

  Knowledge of national human rights regulations;

• d)

  Knowledge of personnel administration policies;

• e)

  Knowledge for the preparation of budgets and public investment and operation projects in the sector.

OFFICE OF CASE RECEPTION, IMMEDIATE REACTION AND RISK PREVENTION MANAGEMENT. This work team shall have at least one coordinator and one official to fully develop the following functions:

• 1)

  Receive requests for admission to the Special Protection Unit from Justice Operators of the Judiciary, by any means. To formalize the admission procedure, written authorization or ratification of the admission request shall be requested from the petitioner.

• 2)

  Conduct an initial contact interview with the requesting person whenever possible.

• 3)

  Decide the ordinary or extraordinary procedure that each protection request demands and inform the General Coordination of the Special Protection Unit.

• 4)

  Carry out the extraordinary procedure, guaranteeing an immediate reaction, implementing urgent protection measures within the timeframes established by Law. The extensive risk to family members and work groups shall be evaluated at all times.

• 5)

  Manage complementary protection measures with competent institutions and verify their immediate implementation in the extraordinary procedure.

• 6)

  Provide advice and accompaniment so that the requesting person submits formal complaints before the Public Ministry and competent authorities, ensuring that an investigation is conducted on the case.

• 7)

  Establish a clear and direct communication channel with the requesting person, their family or their work team, in case extensive risk exists. It shall be verified that information about the Special Protection Unit is provided to all possible beneficiaries of protection measures. When the procedure is ordinary, information shall be provided about the time it takes the Special Protection Unit to conduct the risk analysis and the preventive and protective measures that derive from it shall be defined and implemented. 9) When the procedure is ordinary, the case shall be referred to the Risk Analysis and Implementation of Protective Measures office. The same official who has maintained communication with the petitioner shall be responsible for informing them who will conduct their Risk Evaluation Study and providing all required data guaranteeing permanent contact and constant information flow that alerts new risk events. 10) Open the file for each case and enter the documentation that accounts for all the procedures followed in this office to provide comprehensive care. This file shall contain a detailed schedule showing the date of incorporation to the Special Protection Unit, the time interval during which the Risk Evaluation Study shall be conducted, the implementation of measures and the date on which the review of the Risk Evaluation Study shall be conducted. 11) Act on its own initiative in the review of risk variables in the assignment of cases to Justice Operators, communicating directly with possible subjects at risk, to preventively evaluate the need to incorporate them into the Special Protection Unit. 12) Act on its own initiative in early risk detection through media, reports from associations, professional associations, information provided by investigation and intelligence agencies about possible events that may threaten the life, freedom, integrity and security of Justice Operators. 13) Proactively contact any Justice Operator of the Judiciary who may be at risk based on early risk detection, to offer them incorporation into the Special Protection Unit. 14) Analyze the context in which Justice Operators carry out their work and identify situations and cases that place them in a situation of risk and develop early warnings. 15) Act on its own initiative in requesting information from competent Judiciary authorities about disciplinary proceedings or case transfer, relocation or reassignment that may indicate a possible risk situation or an impact on the development of the principles of independence and impartiality in justice work. 16) Manage a telephone communication line for emergencies that must operate 24 hours a day throughout the week. Likewise, this office requires having personnel who respond for extraordinary procedures and immediate reaction 24 hours a day throughout the week. 17) Manage with the departments in charge for such purpose in the State structure, psychological and health care required by petitioners or beneficiaries, especially providing crisis care and urgent psychological and medical care measures to the beneficiary person or their family unit. 18) Identify the entities with which agreements are required that allow preferential and urgent care to applicants and beneficiaries, when so required. 19) All other functions that the General Coordination assigns to it.

ON THE PROFILE TO PERFORM THE POSITION OF COORDINATOR OF THE OFFICE OF CASE RECEPTION, IMMEDIATE REACTION AND RISK PREVENTION MANAGEMENT. The General Coordination shall verify that the person in charge of the Office of Case Reception, Immediate Reaction and Risk Prevention Management, complies with the requirements and appropriate profile for the correct performance of functions. In particular, they must have a Bachelor's degree or equivalent in Social Sciences, experience in caring for persons who are victims of

human rights violations, experience in reading and analyzing data and information about risk and have no convictions for aggressions, violations or impacts on human rights. As specific criteria, it shall verify that they comply with at least the following requirements:

• a)

  Knowledge of the justice sector and especially of organizations, associations, associations and collectives created by Justice Operators for the defense and promotion of their professional practice and their guarantees, freedoms and rights;

• b)

  Knowledge of methodologies for identifying and assessing risks;

• c)

  Knowledge of investigation methodologies;

• d)

  Knowledge of situations for caring for and managing persons in crisis situations.

OFFICE OF RISK ANALYSIS AND IMPLEMENTATION OF PREVENTIVE AND PROTECTIVE MEASURES. This work team shall have at least one coordinator and two officials to fully develop the following functions: Prepare the Risk Evaluation Studies necessary for the Technical Committee to conduct risk analysis and determine preventive and protective measures for Justice Operators who request protection before the Special Protection Unit, for which it shall have the following powers: 1) Receive cases from the Office of Case Reception, Immediate Reaction and Risk Prevention Management to conduct the Risk Evaluation Studies to be presented before the General Coordination of the Unit and the Technical Committee. 2) Conduct Risk Evaluation Studies of ordinary and extraordinary procedure. In accordance with the level of individual or collective risk, propose comprehensive protection plans complying with the timeframes provided in the Regulation. 4) Under the supervision and prior review by the General Coordination of the Special Protection Unit, support each Risk Evaluation Study to present to the Technical Committee the level of risk detected and the comprehensive protection plans. 5) Require the presence of petitioners and their representatives –if any– in the risk analysis meetings and determination of protection measures with the Technical Committee, so that they attend the deliberation of their cases and give their consent on the assigned preventive and protective measures. The office must cite the aforementioned parties by verifiable means, without the office being responsible for whether or not they attend the session. The Technical Committee must define the criteria for proceeding in this regard. 6) Prepare inputs so that the Technical Committee can conduct risk analysis on the effectiveness and relevance of the protection measures provided to guarantee compliance with Precautionary and Provisional Measures ordered by the Inter-American System in which the beneficiaries are Justice Operators of the Judiciary. The analysis of the Risk Evaluation Study and the decision of the Technical Committee shall be conducted exclusively to determine whether the protection measures are sufficient to achieve their protection objective and under no circumstances may the General Coordination of the Unit or the Technical Committee order the revocation, suspension or reduction of measures granted by bodies of the Inter-American System, in accordance with what is established in Article 52 of the Protection Law. For the implementation of the foregoing, this office shall prepare an appropriate Protocol for the transfer of those measures that are in the process of implementation in the National Mechanism for the Protection of Human Rights Defenders or in the Human Rights Directorate of the State Department of Public Security. 7) Communicate permanently with the petitioner during the preparation of the Risk Evaluation Study to: resolve doubts and include in the Study new facts associated with the threat and the concretion of risk that occurred during its preparation, inform them of the final result

of the same, explain the assigned plan of preventive and protective measures and schedule dates and schedules for their timely and effective implementation. 9) If during the conduct of the Risk Evaluation Study facts are presented that evidence the imminence and concretion of the threat, conduct the extraordinary procedure and implementation of urgent protection measures in coordination with the Office of Case Reception, Immediate Reaction and Risk Prevention Management. 10) Inform the hierarchical superior of the justice operator about their incorporation into the Special Protection Unit and about the considerations in prevention and protection that they must carry out to guarantee the safety and integrity of persons, such as case withdrawal, respect for different work routines, establish guarantees so they can perform their work from other places, provide them with special treatment based on their risk situation. 11) Request from authorities the implementation of the plans and prevention and protection measures ordered by the Technical Committee. 12) Make official notification to the beneficiary persons and/or their representative of the prevention and protection measures in accordance with what is ordered by the Technical Committee. 13) Coordinate with the authorities in charge and designated by Law and indicated by the Technical Committee, the agile, efficient and expedited implementation of the ordered preventive and protection measures. 14) Conduct a re-evaluation of the risk study, in accordance with the timeframe defined in the Law which establishes 6 months, or earlier if there are supervening facts and using the methodology defined for such purpose, support them in the risk analysis meetings before the Technical Committee prior to knowledge and approval of the General Coordination of the Special Protection Unit. 15) Conduct the procedure for closing the cases attended in accordance with the criteria established by the General Coordination of the Special Protection Unit and the Technical Committee. 16) Conduct security studies of the facilities where the Judiciary operates, following the methodologies defined for such purpose, at the request of the Coordination of the Special Protection Unit. 17) Propose security protocols for facilities, personnel and information handling. 18) Provide self-protection recommendations to petitioners, in order to reduce their vulnerabilities. 19) Encourage petitioners to submit complaints before the authorities in charge of investigating the aggressions before the Public Ministry authorities.

ON THE PROFILE TO PERFORM THE POSITION IN THE OFFICE OF RISK ANALYSIS AND IMPLEMENTATION OF PROTECTION MEASURES. The General Coordination shall verify that the person who performs the functions as head of the Office of Risk Analysis and implementation of protection measures, complies with the requirements and appropriate profile for the correct performance of their functions. In particular, they must have a Bachelor's degree in Social Sciences or equivalent; training in sociology and/or public administration or related fields; knowledge of risk evaluation studies and protection of persons or groups and have no convictions for aggressions, violations or impacts on human rights. As specific criteria, it shall verify that they comply with at least the following requirements:

• a)

  Knowledge of the justice sector and especially of organizations, associations, associations and collectives created by Justice Operators for the defense and promotion of their professional practice and their guarantees, freedoms and rights;

• b)

  Knowledge of national and international human rights regulations;

• c)

  Knowledge of methodologies for identifying and assessing risks;

• d)

  Knowledge of investigation methodologies;

• e)

  Knowledge of activities for protection and care of persons.

POWERS AND AUTHORITIES FOR THE INTERNAL FUNCTIONING OF THE GENERAL COORDINATION OF THE SPECIAL PROTECTION UNIT. To guarantee compliance with the objectives of the Special Protection Unit, the General Coordination shall observe and apply the following in its actions:

• 1)

  Coordinate and supervise the work of the Offices established by regulation. For such purpose, it shall resolve all conflicts of competence that arise between them and shall guarantee that the information that each of these generates and requires for the development of its functions is delivered by the others;

• 2)

  Act under the principles defined in the Regulation and verify that all offices under its charge apply them strictly;

• 3)

  Verify that all decisions, resolutions, agreements and other acts of the General Coordination and the offices, are properly notified and complied with appropriately by the authorities in charge of their implementation;

• 4)

  Establish procedures, manuals and formats of action that prioritize the participation and consent of the requesting and beneficiary person throughout the entire process and procedure;

• 5)

  Design secure protocols for the handling of physical and digital information of the Special Protection Unit;

• 6)

  Design operating formats, protocols and other instruments required to guarantee the correct functioning of the Special Protection Unit, always verifying that these contemplate the differential and gender approach and ensure their implementation;

• 7)

  Coordinate constant training of the personnel of the Special Protection Unit;

• 8)

  Identify strengthening needs of the Special Protection Unit and possible sources of financing;

• 9)

  Prepare a semi-annual activity report directed to the Plenary and the President of the Supreme Court of Justice.

• 10)

  Verify that the persons assigned to perform the coordination functions comply with the qualifications established in this Regulation;

• 11)

  Address complaints and reports about the malfunction of the Special Protection Unit and process the necessary measures to implement the corrections that may be appropriate;

• 12)

  Generate communication channels with the Public Ministry with the aim of promoting progress in investigations regarding aggressions against the population subject to protection under this Regulation;

• 13)

  Those others that are assigned to it by the President of the Supreme Court of Justice.

9. REPRESENTATION OF THE GENERAL COORDINATION. The persons designated as coordinators of the offices of the Special Protection Unit shall act in representation of the General Coordination in all procedures where urgent action is required or timely action is compromised to guarantee the protection of beneficiaries, this includes the decision on urgent and ordinary proceedings, as well as official communications and documents to request the activation of protection measures. In case of temporary absence of the person in charge of the General Coordination, this shall be replaced in its functions and faculties by the person in charge of the technical office designated for such purpose.

LINK OF THE GENERAL COORDINATION OF THE SPECIAL PROTECTION UNIT WITH THE TECHNICAL COMMITTEE FOR PROTECTION OF THE JUDICIAL BRANCH. To guarantee the proper functioning and necessary articulation, the General Coordination in its relationship with the Technical Committee shall observe the following faculties and attributions:

• 1)

  Participate and moderate in the sessions of the Technical Committee;

• 2)

  Supervise the work of the Executive Secretariat of the Technical Committee carried out by the legal technical office;

• 3)

  Guarantee the active participation and consultation of the representatives of the institutions and of the organizations, associations and collectives of judicial operators that make up the Technical Committee in the carrying out of action protocols and implementation manuals for measures;

• 4)

  Those others that are required for compliance with the Protection Law for Human Rights Defenders, Journalists, Social Communicators and Justice Operators and its Regulations. CHAPTER III TECHNICAL COMMITTEE OF THE SPECIAL PROTECTION UNIT OF THE JUDICIAL BRANCH

TECHNICAL COMMITTEE. The Technical Committee is a deliberative body responsible for making opinions on risk assessment studies and issuing preventive and protection measures for requests submitted to the General Coordination. This body shall be composed of the following representatives: a. The President or Presiding Judge of the Supreme Court of Justice or the official designated by said President for such purpose. b. The person who coordinates the Criminal Chamber of the Supreme Court of Justice. c. The person who holds the position of General Coordination of the Special Protection Unit. d. The person who holds the position of Representative of the diverse Associations of Judges and Magistrates or other types of servants of the Judicial Branch. e. The person who holds the position of Representative of the Association of Public Defenders. The Technical Committee may invite officials from the Public Ministry and other departments or instances that it considers relevant and have a relationship with the implementation of protection measures to participate in its sessions.

GENERAL CONSIDERATIONS REGARDING THE FUNCTIONING OF THE TECHNICAL COMMITTEE.

• 1)

  The representative persons that shall make up the Technical Committee shall be expressly appointed to perform such work, one principal person and one alternate, and in case of absence of the principal person, it shall be mandatory that the alternate person attend, who shall have an equal hierarchical rank to that of the principal person and shall have full powers to make decisions;

• 2)

  The members of the Technical Committee of the Special Protection Unit must be trained to analyze Risk Assessment Studies and shall receive continuous updates for the exercise of their functions;

• 3)

  The Technical Committee, in accordance with what is established in this Regulation, may invite members of the National Council and expert advisory persons to participate in its deliberations with voice;

• 4)

  The Technical Committee, at the proposal of any of its members, may invite public servants or representatives of authorities that it deems appropriate to attend sessions in which additional information is required in the study of a case, for this the prior consent of the beneficiary person is required;

• 5)

  If from the Risk Assessment Study the existence of a risk generated by any of the institutions that make up the Technical Committee becomes evident, the beneficiary person may manifest their refusal regarding the attendance for the study of their case of the representative person of the questioned institution, and the latter must refrain from participating in the session;

• 6)

  Attendance at Technical Committee sessions is mandatory. The Committee may meet with verification of a simple majority quorum; in case of non-attendance by any of the principal or alternate members, a record thereof shall be made and the General Coordination shall inform the superior of the official so that they may determine corrective actions;

• 7)

  The members of the Technical Committee, expert advisors, invited persons, as well as the beneficiary person and their representative, commit to guaranteeing the principle of confidentiality of information related to cases, for which the Committee shall define internal criteria and protocols for the handling of its information and in case of any breach of confidence or violation of such principle, proceedings shall be carried out in accordance with what is indicated in this Regulation or in its absence the procedures established in the Regulation of the Protection Law shall be applied;

• 8)

  The Technical Committee, through the General Coordination, shall be in charge of summoning through verifiable procedures the beneficiary persons and/or their legal representative, so that they appear at the session of this body in which their case shall be studied, taking into account the circumstances of geographic location and communication of the beneficiary persons and the necessary facilities for their attendance; it shall also provide what is necessary to facilitate their transfer; in exceptional circumstances, in which the beneficiary person cannot appear physically, the possibility of remote communication shall be guaranteed; in case of absence of the beneficiary person, the record shall be made, the study of the case shall continue and the respective decision shall be taken, which shall always be notified to the beneficiary person so that they may manifest their consent or present the relevant resources;

• 9)

  The members of the Technical Committee, expert advisors and invited persons, in exceptional circumstances may act before this body through remote communication means;

• 10)

  When any of its members deems it appropriate and the situation warrants it, the General Coordination may be requested to convene extraordinary sessions;

• 11)

  When any of its members considers the need to apply preventive, reactive and urgent protection measures ex officio, taking into account the emergency situation, these may be issued after prior consultation by any means of communication with the other members of the Committee;

• 12)

  The Plenary of the Committee must approve its Internal Operating Protocol;

• 13)

  Those others that are necessary for the fulfillment of its functions.

DECISION-MAKING OF THE TECHNICAL COMMITTEE.

• 1)

  The persons that make up the Technical Committee must always act under the principle of good faith and the principles of protection and complementarity.

• 2)

  All decisions or resolutions of the Technical Committee must be extensively grounded and reasoned in accordance with the applicable normative framework; the highest international standards in the matter; the jurisprudence of international protection bodies; the block of constitutionality, always privileging these principles and criteria for the interpretation of this Regulation;

• 3)

  The decisions of the Technical Committee are mandatory for its members and for all authorities in charge of implementing the protection measures ordered;

• 4)

  The Committee as a collegial deliberative body shall always seek that these decisions be taken by consensus;

• 5)

  In case consensus is not reached in the deliberations of cases, it shall be submitted to a vote and the decision shall be taken by simple majority, abstentions shall not be permitted and in case of dissenting vote, it must be reasoned, with a record in the minutes of the corresponding session;

• 6)

  In case of voting and a tie in decision-making, the President or Presiding Judge of the Supreme Court of Justice has the casting vote;

• 7)

  The Technical Committee shall assess the result of the Risk Assessment Study and may pronounce on its result, with which the risk level of the justice operator may be redefined as ordinary, extraordinary or extreme. The Technical Committee may order, always in accordance with the risk assessment study, the necessary measures for prevention and protection, observing the general criteria for their granting established in this Regulation. The measures that are defined must be timely, appropriate to the level of risk and to the particular circumstances of the person and effective in averting the identified risk;

• 8)

  The Technical Committee may analyze the suspension or cancellation of protection measures when their misuse is determined, in accordance with what is established in this Regulation. The resolution that orders the suspension or cancellation of measures must be duly grounded and reasoned, always observing due process for which it must notify the beneficiary person so that they may be heard before the decision and once the decision is made, it shall inform them of the available resources;

• 9)

  All decisions made by the Technical Committee regarding the cases under study shall be duly notified by the General Coordination to the beneficiary person, for which it shall prepare a record setting forth the legal basis and the reasoning of the decision made by the Technical Committee, the signature of the persons who participated in the decision and shall inform the beneficiary persons of the corresponding resources that may be filed against it if applicable; 11) The records delivered to the beneficiary persons shall only contain information relating to their case; 12) Those others that are necessary for the fulfillment of its functions. TITLE IV PROCEDURE FOR THE RECEPTION, ADOPTION AND IMPLEMENTATION OF PROTECTION MEASURES. CHAPTER I GENERAL PROVISIONS.

GENERAL PROVISIONS. For all stages of the procedure related to what is indicated in this Title the following general provisions shall apply:

• 1)

  The consent of the Justice Operators requesting or beneficiary persons shall be expressed in each of the proceedings established in the Regulation and in all acts that are ordered by any of the bodies in charge of prevention and protection;

• 2)

  The decisions ordered by the General Coordination under the extraordinary procedure or those determined by the Technical Committee under ordinary or extraordinary procedure must be formally communicated to the authorities in charge of their compliance and implementation and shall be mandatory for them, who shall always act under the principles and criteria established in the Regulation, and under no circumstances may they claim difficulties or non-existence of resources or institutional incapacity for their compliance;

• 3)

  The General Coordination shall always encourage that the requesting justice operator or beneficiary persons file a complaint before the competent investigative authorities for the facts allegedly constituting a crime that generate the risk situation, without this being a requirement for entry into the Special Protection Unit or for the exercise of the rights enshrined in this Regulation.

• 4)

  In the foregoing case, the authorities shall have the obligation, after consultation with the justice operator or the beneficiary collective, to request the ex officio action of the bodies in charge of investigating assaults, threats or crimes against all beneficiary persons who are at risk. CHAPTER II PROCEDURE.

RECEPTION OF THE REQUEST AND START OF THE PROCEDURE. The General Coordination shall verify that protection requests are referred to Justice Operators of the Judicial Branch to begin the processing and procedure for incorporation of the petitioners, observing the following criteria: 1) Incorporation into the Special Protection Unit:

• a)

  Admit the request and submit it for analysis of the immediate Assessment Study;

• b)

  Verify the existence of a risk and the causal nexus between it and the exercise or activity carried out by the requesting person;

• c)

  Based on the result of the immediate Assessment Study, the General Coordination shall resolve whether the request for protection measures shall be processed under the ordinary or extraordinary procedure, based on the existence of the risk;

• d)

  The General Coordination shall notify what has been resolved to the petitioning persons. 2) For the determination of risk, the definitions provided in this Regulation and in the Protection Law for Human Rights Defenders, Journalists, Social Communicators and Justice Operators and its Regulation shall be taken into account; 3) For the calculation of all deadlines established in this Regulation related to any action referring to protection measures, it shall be understood that all days and hours are working days, except for the deadlines provided for notifications, the filing and processing of resources. 4) For the determination of action times and in case of doubt, proceedings shall be in accordance with what is established in the Protection Law for Human Rights Defenders, Journalists, Social Communicators and Justice Operators. 4.

  • 1)

    For the processing of the request, the General Coordination must resolve - once the entry requirements have been met, immediately and without delay and in response to the request - whether the procedure is ordinary or extraordinary; 4.

  • 2)

    The extraordinary procedure - existence of threats or imminent assaults - must be resolved by the General Coordination within a maximum of seventy-two (72) hours, whose decision must be informed to the applicant and shall proceed in the same period to notify the body in charge of implementing the protection measures that are ordered, which shall have a deadline of up to eight (8) hours for their compliance and implementation. 4.

  • 3)

    In ordinary proceedings, it shall be carried out in accordance with the deadline of between two (2) to four (4) weeks to carry out the risk assessment study, during which period the Technical Committee must meet and order the protection measures that are appropriate. 4.

  • 4)

    For notifications in ordinary proceedings or decisions of the Technical Committee, these shall be made within a period not exceeding forty-eight (48) hours. Notifications in the extraordinary procedure shall be made within the previously defined deadlines for their granting and implementation.

6. DETERMINATION OF THE PROCEDURE. Incorporation requests shall be evaluated by the General Coordination, which shall issue the corresponding resolution determining the emergency situation and the existence of imminent risk.

The General Coordination must notify the resolution to the petitioning persons through the Case Reception Office, which shall transfer it to the Risk Analysis Office so that it may prepare the Risk Assessment Study that shall be presented to the Technical Committee, taking into account the deadlines defined in the Protection Law for Human Rights Defenders, Journalists, Social Communicators and Justice Operators, and in accordance with the following:

• 1)

  In those cases in which urgent protection measures must be implemented, the General Coordination must issue the corresponding resolution immediately and through the Case Reception Office shall immediately implement the temporary measures determined with the consent of the petitioner;

• 2)

  In those circumstances in which the General Coordination issues urgent protection measures and in the absence of information for the preparation of the Risk Assessment Study, the Technical Committee shall order the continuity of the temporary protection measures, until the Study is obtained;

• 3)

  Against urgent protection measures, the decisions that are ordered by the General Coordination in these cases are mandatory and timely compliance by the entities in charge of their implementation, who shall always act under the principles and criteria established in this Regulation. These must attend to such cases as a priority;

• 4)

  It shall not be permitted for either the Special Protection Unit or those in charge of implementing urgent protection measures to claim absence of capacities, procedural reasons or defects in the procedure, and must act under the criteria of interpretation and the pro persona principle. CHAPTER III MEASURES ORDERED BY THE TECHNICAL COMMITTEE.

The Technical Committee in accordance with its authority to evaluate protection measures may determine their granting; their denial of granting; suspension; modification; continuity or non-resolution for the purpose of requesting the review and supplementation of information necessary for decision-making regarding Risk Assessment Studies.

In accordance with the requests presented to the General Coordination by the beneficiary persons or their representatives to be incorporated into the Special Protection Unit or to expand, modify, suspend and/or cancel protection measures, in cases under extraordinary proceedings, once the request is received, and always with the consultation and consent of the beneficiary persons, the Office of Risk Analysis and Implementation of Preventive and Protection Measures shall proceed immediately to prepare the Risk Evaluation Studies that will allow the Technical Committee to make the decision.

The Office of Risk Analysis and Implementation of Preventive and Protection Measures, once the protection measures ordered by the Technical Committee are issued, shall notify within a period not exceeding forty-eight (48) hours the person or group of beneficiary persons and/or their representative, and shall inform them of the remedies available against such measures if applicable. In the same manner, said Unit, within the same period shall notify the instances and departments responsible for the implementation of the corresponding measures. CHAPTER IV RISK EVALUATION STUDY

The Office of Risk Analysis and Implementation of Preventive and Protection Measures is the specialized technical body responsible for preparing Risk Evaluation Studies for Justice Operators or their groups that request protection before the Unit. In fulfillment of this function, the following principles shall be taken into account:

• 1)

  For all cases related to the risk evaluation study, the consent of the beneficiary persons must be taken into account, their participation shall be guaranteed through interviews and they shall be consulted on the final determination of the Risk Evaluation Study, prior to its presentation before the Technical Committee; likewise, their participation in the deliberation of their case shall be guaranteed.

• 2)

  All Risk Evaluation Studies shall be governed by the following criteria:

  • a)

    Independence;

  • b)

    Objectivity;

  • c)

    Confidentiality.

• 3)

  In cases where lack of objectivity, conflict of interest, or irregularities in the procedure are observed, the Technical Committee may order the General Coordination to conduct a new risk evaluation study, which shall be carried out by a different analyst than the one who conducted the risk evaluation in question.

Based on the inputs presented by the Office of Risk Analysis and Implementation of Preventive and Protection Measures, the Technical Committee shall conduct the study, determine and order prevention and protection measures, complying with the deadlines set forth in these Regulations.

The persons and institutions that make up the Technical Committee shall attend on a priority basis to requests for information made by the Office of Risk Analysis and Implementation of Preventive and Protection Measures, in order to facilitate the information that allows them to carry out their work.

In the absence of information to conduct the risk evaluation study, the Technical Committee shall under no circumstance be able to make a determination in this regard.

To conduct the Risk Evaluation Study and determine preventive or protection measures, the Technical Committee shall take into account that the objective of such analysis is:

• 1)

  To identify the risk that hangs over a person, a family or a group of persons belonging to the population protected by these Regulations, as well as to warn promptly and clearly about its existence to those affected. The above implies that the Special Protection Unit, in addition to acting on requests for protection, must deploy all actions to act ex officio and preventively in the identification and attention of risk.

• 2)

  To assess, based on a careful study, the characteristics of the risk and the origin or source of the threat;

• 3)

  To timely define the specific, appropriate and sufficient prevention and protection measures and means to prevent the risk from materializing;

• 4)

  To assign measures in a timely manner and in a manner adjusted to the circumstances of each case, in such a way that the protection is effective;

• 5)

  To periodically evaluate the evolution of the risk and make the corresponding decisions to respond to such evolution;

• 6)

  For the imposition of measures, it is sufficient to invoke or summarily prove the facts that point to the existence of a risk, always keeping in mind the principle of good faith, the vulnerability or special exposure to risk in which Justice Operators who are beneficiaries of the Special Protection Unit find themselves.

• 7)

  The Risk Evaluation Study may issue conclusions and recommendations for protection measures which must take into account the context and the specific circumstances in which the risk and the protection needs of the beneficiary persons are presented. CHAPTER V GENERAL CONSIDERATIONS FOR THE GRANTING OF MEASURES

For all purposes related to the determination and implementation of Prevention and Protection Measures, the following must be observed:

• 1)

  For the implementation of prevention and protection measures, the elements for the interpretation of these Regulations must always be taken into consideration, as well as the differential approach and gender perspective, the principle of non-discrimination and the specific needs of Justice Operators who find themselves in conditions of vulnerability;

• 2)

  Prevention and protection measures shall always aim to guarantee and make effective the right of access to justice, the exercise of freedom of expression, the guarantee of the principles of impartiality and independence of Justice Operators, and must respond to this at all times, avoiding interference with their work and professional practice.

For the implementation of preventive and protection measures to Justice Operators who must travel in the development of their activities to rural and peasant communities, as a protection measure, if deemed prudent, the authorities at the municipal and police level shall always be ordered to provide them with the proper cooperation for the exercise of their work.

In the resolutions of preventive and protection measures issued by the Technical Committee, the officials in charge of implementation shall always be informed that their omission, negligence or non-compliance will result in sanctions and in which case action shall be taken in accordance with the procedure established in these Regulations or, failing that, in the one established in the Regulations of the Protection Law for the sanction procedure.

The Technical Committee and the General Coordination, as applicable, shall have a catalog of appropriate measures for the prevention and protection of Justice Operators, which shall not be limiting or restrictive. The measures shall include, among others, the following: 1) PREVENTIVE MEASURES. These include, among others: a. Self-protection: This is the instruction, training, practice, and personal protection measures provided to Justice Operators and to the persons who comprise their family nucleus and work teams. With respect to this category, the measures are: Instruction manuals and self-protection guides, self-protection courses both individual and collective; b. Patrols and security rounds: these are activities carried out by security personnel of the Institution and/or other State security institutions at the residence or facilities where the Justice Operator with risk profile performs their functions, on a periodic and preventive basis; c. Adaptation of the infrastructure of work places based on security measures and physical conditions of work spaces that control the entry of personnel and interaction with Justice Operators. d. Accompaniment of Public Defenders by human rights observers; e. Adaptation of work spaces for Public Defenders, both in their facilities and in the correctional facilities where they perform their work, facilitating the security conditions required in penitentiary centers; f. Public recognition and exhortations by the Supreme Court of Justice directed to all authorities at all territorial levels, highlighting the work performed by Justice Operators; g. Official call to authorities representing the State to refrain from obstructing the work of Justice Operators, to recognize their actions and to omit stigmatization or labeling campaigns carried out by public or private actors; h. Early warnings directed to the Judiciary regarding signs based on patterns of aggression and trends concerning harm to Justice Operators; i. Prevention plans that define specific measures and protocols that competent authorities must comply with in order to counter the identified risk scenarios for Justice Operators in early warnings; j. Such other measures as may be required. 2) PROTECTION MEASURES. These include, among others:

• a)

  Emergency evacuation;

• b)

  Support for temporary relocation for the beneficiary and their family nucleus for a maximum of six (6) months, which may be extended subject to risk re-evaluation. For this purpose, the internal rules of administrative and personnel operations governing the Judiciary must be observed;

• c)

  Case reassignment;

• d)

  Definitive transfer and relocation of the beneficiary and their family nucleus, based on the consent of the Justice Operator and providing them with guarantees to continue in the exercise of their profession; for which purpose the internal rules of administrative and personnel operations governing the Judiciary and other applicable rules in the matter must be observed;

• e)

  Flexibility of work schedules and work routines to guarantee security;

• f)

  Allow the development of professional work outside official offices or facilities when the risk situation demands it;

• g)

  Escorts from specialized units or private individuals who have the training and comply with security quality standards. These must have the trust and consent of the beneficiaries;

• h)

  Provision of communication equipment such as: cell phone, satellite telephone service, panic buttons or applications with similar functionality;

• i)

  Installation of cameras, locks, lights or other security measures, in the work facilities or residence of the beneficiary;

• j)

  Bulletproof vests;

• k)

  Metal detector;

• l)

  Armored vehicles;

• m)

  Such other measures as may be required.

Justice Operators incorporated into the Special Protection Unit may enjoy the same benefits, provided they meet the requirements provided therein, which are established by Decree No. 63-2007 of the Witness Protection Law in articles 18, 19 and 21, which refer to benefits of exemption from the payment of fees, taxes, contributions and public charges, paid leave, the suspension of the employment relationship, or the application of similar rules. Such benefits may be granted by determination of the Technical Committee according to the level of risk and the effects that the protection measures cause in the development of the professional activities of the protected Justice Operators.

REGARDING COLLECTIVE PROTECTION MEASURES. The Risk Analysis Office shall design a specific protocol for the implementation of this type of measures, based on the contexts, social realities, and needs of the beneficiary collectives.

MEASURES REGARDING THE EXISTENCE OF EXTENSIVE RISK. The preventive and protection measures for the family nucleus of the beneficiary person shall be determined based on the Risk Evaluation Study carried out, for which purpose it shall be established whether the risk extends to the spouse, common-law spouse, ascendants, descendants, and dependents of the beneficiary persons; the same criterion shall apply with respect to persons who are part of the work teams of the Justice Operator, or who participate in associations, organizations, or collectives.

MISUSE OF PROTECTION MEASURES. Misuse of preventive or protection measures is deemed to exist when beneficiary persons engage in the following conduct:

• 1)

  Abandon, evade, or prevent the measures or obstruct their implementation;

• 2)

  Authorize the use of measures by different persons;

• 3)

  Trade or obtain economic benefit from the measures granted;

• 4)

  Use the personnel assigned for their protection in activities unrelated to the measures;

• 5)

  Physically or verbally assault or threaten the personnel assigned to their protection scheme;

• 6)

  Authorize leave or rest time to the personnel assigned for their protection without the knowledge of their supervisors;

• 7)

  Perform illicit conduct using the physical and human means provided for their protection;

• 8)

  Intentionally cause damage to the physical and human protection means assigned for their protection;

• 9)

  Intentionally provide false information to the persons in charge of their processing and request for admission, or misrepresent or alter the information they provide at any stage of the procedure before the Special Protection Unit to obtain personal benefit.

WITHDRAWAL OF MEASURES. Preventive and protection measures may only be withdrawn by decision of the Technical Committee, after documentation of the facts and once the beneficiary persons have been heard, through a reasoned and motivated resolution when any of the aforementioned circumstances occur and evident personal benefit, serious, evident, fraudulent, deliberate and/or repeated misuse is observed.

REVIEW AND SUSPENSION OF MEASURES. The beneficiary person may at any time approach the Technical Committee to request a review of the Prevention and Protection measures.

• 1)

  The measures granted may be expanded as a result of periodic reviews and in accordance with the risk evaluation study when they are not adequate, are insufficient, or are not enough to protect the rights of beneficiary persons or collectives.

• 2)

  The measures shall be reduced when the reduction of risk is demonstrated following their adoption, without such risk having disappeared. Their reduction shall not favor a new increase in risk;

• 3)

  Beneficiary persons may renounce the measures at any time, for which they must express it in writing to the General Coordination or to the Technical Committee. In case the risk situation persists, they must sign and record in writing that they are aware of such situation and it is their wish to terminate the measures;

• 4)

  The measures may be suspended at the request of the beneficiary persons, due to change of residence, due to trips or stays abroad, among other circumstances, for which they must notify in writing the General Coordination, with at least five business days in advance the reasons for which they request the suspension. The measures shall continue to be provided prior to communication of the date and time of their return. CHAPTER VI REGARDING THE IMPLEMENTATION OF PRECAUTIONARY AND PROVISIONAL MEASURES OF THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS.

The General Coordination shall define the protocols of action for the treatment of cases of Precautionary and Provisional Measures ordered by the Inter-American System and shall establish criteria to address situations of possible duplication of protection orders, requests for admission to the Special Protection Unit despite the existence of precautionary measures and the processing of the request for waiver of protection measures granted, when the beneficiary person so expresses.

The General Coordination is responsible for differentiating the treatment of cases related to Precautionary and Provisional Measures of the Inter-American System from those cases under study of the National Protection System, assuming responsibility for implementation that is assigned to the Judiciary for its justice operators. This transfer process shall be carried out under the supervision of the National Protection Council and the implementation of such measures shall be carried out through an appropriate transfer protocol and must be supported by the Protection Mechanism for Human Rights Defenders, Journalists, Social Communicators, and Justice Operators.

For the implementation of the Precautionary and Provisional Measures of the Inter-American System of Human Rights, the provisions of this Regulation shall be observed and the provisions of article 52 of the Law of Protection for Human Rights Defenders, Journalists, Social Communicators, and Justice Operators, understood exclusively as those measures granted for the benefit of Justice Operators of the Judiciary. CHAPTER VII FILING OF REMEDIES

Applicants or beneficiaries may request a review of the decisions made in their case, by making use of the remedy of reconsideration before whoever made the decision.

Applicants or beneficiaries who decide to challenge, once notified, shall have a period of ten (10) business days for filing;

For all purposes it shall be understood that the applicant or beneficiary may exercise judicial remedies and constitutional amparo when they deem it appropriate. TITLE V SANCTIONS FOR NON-COMPLIANCE WITH THE OBLIGATIONS ESTABLISHED IN THE REGULATION SOLE CHAPTER PROCEDURE FOR SANCTIONS

For the procedure of Sanctions for non-compliance with the obligations established in this Regulation, proceedings shall be conducted in accordance with the procedure established in Articles 56 and 57 of the Protection Law, understanding that the referral and initiation of administrative and criminal liability procedures shall be the responsibility of the person holding the position of President of the Supreme Court of Justice. TRANSITORY PROVISIONS

The rules and other provisions that are in force before the publication of this Regulation shall continue to apply insofar as they do not conflict with what is provided herein.

Persons performing the work of Justice Operators attached to the Judicial Branch, who individually or collectively have precautionary or protective measures ordered by the Inter-American System for the Protection of Human Rights, shall continue with the Protective Measures and may choose to be incorporated into the Special Protection Unit of the Judicial Branch.

Persons performing the work of Justice Operators attached to the Judicial Branch once this Regulation enters into force, who individually or collectively have precautionary or protective measures provided by the Mechanism for the Protection of Human Rights Defenders or Journalists, must be transferred to the Special Protection Unit of the Judicial Branch, for which a Transfer Protocol must be implemented. To achieve the foregoing, the consent of the beneficiary shall always be respected, who shall communicate to the General Coordination of this Unit their willingness to do so.

The President of the Supreme Court shall ensure and verify that the person serving in the position of General Coordination complies with the profile established in this Regulation and shall approve the protocols presented by the General Coordination for its operation, all within a maximum period of three (3) months from the entry into force of this Regulation.

The President of the Supreme Court shall issue the appropriate instructions to ensure that their representation before the National Protection Council created by Law on the matter is handled responsibly and shall monitor that coordination actions are carried out with this Special Protection Unit, in order to guarantee the effective protection of persons performing the work of justice operators attached to the Judicial Branch.

This Regulation shall take effect from the day following its publication in the Official Gazette La Gaceta and once in force, shall suspend all actions taken or to be taken by the Office of Security of Judges in At-Risk Situations. This AGREEMENT is issued in compliance with what was provided by the Plenary of the Supreme Court of Justice, in its Session of October 24, 2018, in accordance with the agenda item number 5, of minutes number 30-2018. COMMUNICATE. ROLANDO EDGARDO ARGUETA PÉREZ PRESIDENT LUCILA CRUZ MENÉNDEZ GENERAL SECRETARY

Supreme Court of Justice TRANSCRIPTION OF AUTO ACORDADO The undersigned, General Secretary of the Supreme Court of Justice, TRANSCRIBES the Auto Acordado that was approved in Point No. 9 of Minutes No. 31-2018 of the Session held on the eighth of November of the year two thousand eighteen, with the presence of the Judges and Magistrates: ROLANDO EDGARDO ARGUETA PÉREZ, LIDIA ÁLVAREZ SAGASTUME, JOSÉ OLIVIO RODRÍGUEZ VÁSQUEZ, JORGE ALBERTO ZELAYA ZALDAÑA, RAFAEL BUSTILLO ROMERO, EDGARDO CÁCERES CASTELLANOS, WILFREDO MÉNDEZ ROMERO, RINA AUXILIADORA ALVARADO MORENO, EDWIN FRANCISCO ORTEZ CRUZ, REINA AUXILIADORA HÉRCULES ROSA, JORGE ABILIO SERRANO VILLANUEVA AND ALMA CONSUELO GUZMÁN GARCÍA AND AS MAGISTRATES MEMBERS: JILMAN RODOLFO NOLASCO INESTROZA, CONAN RAFAEL ARGUETA BOURDETT AND NERY MAURICIO MIRANDA SANABRIA BY JUSTIFIED ABSENCE OF THE MAGISTRATES: REYNALDO ANTONIO HERNÁNDEZ, MIGUEL ALBERTO PINEDA VALLE AND MARÍA FERNANDA CASTRO MENDOZA and which literally says: AUTO ACORDADO CONSIDERING (1): By virtue of the repeated complaints that the Civil Chamber has received from the General Prosecutor's Office of the Republic, consisting of the fact that several judges in civil matters are requiring the personal appearance of the holder of the General Prosecutor's Office of the Republic, in the different hearings of the civil proceedings in which the State of Honduras is a party; and due to their non-attendance they resolve to consider it as non-appearance, although the procedural representative delegated by said entity is accredited, a situation that violates the conventional and constitutional guarantees that regulate due process, forgetting that the probity of the legislator is clarity, in the same way the courtesy of justice is speed. CONSIDERING (2): In accordance with what was stated by the United Nations Organization, the rule of law can be defined as "a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are subject to laws that are promulgated publicly, enforced equally and applied independently, in addition to being compatible with international standards and principles of human rights. It also requires that measures be adopted to ensure respect for the principles of rule of law, equality before the law, separation of powers, participation in decision-making, legality, non-arbitrariness and procedural and legal transparency". CONSIDERING (3): In accordance with what is established by the Constitution of the Republic, the form of government of Honduras is republican, democratic and representative. It is exercised by three powers; Legislative, Executive and Judicial, complementary and

independent and without relationships of subordination (article 4 of the Constitution of the Republic). The General Prosecutor and Sub-Prosecutor of the Republic are appointed by the National Congress of the Republic in respect to the form of inter-institutional government, but they are not the State, only its defender, therefore, the General Prosecutor's Office of the Republic has the legal representation of the State; and its organization and operation shall be determined by Law (article 228 Constitution of the Republic). For the foregoing the General Prosecutor of the Republic IS NOT A PARTY to the process, he merely holds the LEGAL REPRESENTATION OF THE STATE, in this case, in judicial matters. CONSIDERING (4): A party to proceedings is defined as the natural or legal person who intervenes in judicial proceedings, the one who sues and against whom suit is brought. Or in other words, whoever requests judicial protection and against whom it is requested; and as a material party those subjects who hold the ownership of the rights or interests to whose satisfaction the process is directed, and those who hold the obligations or duties corresponding to those rights. CONSIDERING (5): Articles 445.1, 446.3, 590, 591 of the Civil Procedural Code, among others, establish the procedural effects of non-appearance of the material party to a hearing in the process and understanding that the State is a public legal entity, in accordance with what is provided in the same procedural law article 62 literal c) already provides that for public legal entities… those who legally represent them shall appear, in which the legal situation of the General Prosecutor's Office of the Republic would be understood, who based on its organic law can delegate the power to act in litigation in accordance with what is prescribed in article 82.2 of the Civil Procedural Code, thereby supplementing the appearance of the holder of the General Prosecutor's Office of the Republic. CONSIDERING (6): According to what is provided in article 19 of the Organic Law of the General Prosecutor's Office of the Republic, the Prosecutor section shall be responsible for the representation of the State and shall be exercised by the General Prosecutor of the Republic who shall have, among others, the following powers: 1st. To promote, represent and sustain the rights of the State in all trials in which it is a party. In these cases he shall have the powers of a general attorney, but shall require express authorization from the Executive Power, provided by agreement, in each case to exercise the powers designated in the second paragraph of Article 8 of the Code of Procedures (understood currently article 82 of the Civil Procedural Code). That is, for the express power to reconcile, there must have been a prior executive agreement to exercise said function. 2nd. To raise the pertinent remedies against unfavorable resolutions in whole or in part, to the interests he represents in exercise of that same representation. The Prosecutor is obligated to appear at the proceeding to answer interrogatories, when expressly given that power.

3rd. To appear in representation of the State, in accordance with the instructions of the Executive Power and the granting of acts or contracts in which the nation was interested. 4th… 5th… 6th… 7th… 8th… 9th… 10th… 11th. To watch over the prompt and proper administration of justice by formulating appropriate observations to the Supreme Court of Justice, demanding compliance with the laws and requesting the Execution of Sentence in Matters in which he participated. 12th. To assume, when he deems it appropriate, temporary or definitive representation in trials or proceedings in which the officials under his jurisdiction participated. 15th…. CONSIDERING (7): According to the cited powers of the holder of the General Prosecutor's Office of the Republic, in his general power he does not hold the power to reconcile, which is what requires the presence of the material party, since to dispose of it he needs an executive agreement and being reconciliation a voluntary act, his non-appearance should not be an obstacle to the development of the process and should not render nugatory the right of defense that assists the State as a party. CONSIDERING (8): The General Prosecutor's Office of the Republic shall function through the sections of Prosecution, Prosecution and Consulting that shall be headed by the Agents designated by the Prosecutor, having to substitute one another in accordance with his determination in cases of absence, temporary lack or legitimate impediment. (Article 16). Understanding that legitimate impediment is that the General Prosecutor cannot be omnipresent throughout the country, in all trials and in all hearings. CONSIDERING (9): That, for the better administration of justice, the Supreme Court of Justice may issue autos acordados, which are regulatory provisions of a general nature, aimed at the exact fulfillment of the legal provisions in force regarding justice. THEREFORE, in view of the foregoing considerations, this Supreme Court, AGREES: FIRST: TO INSTRUCT the Courts and Tribunals of the Republic with jurisdiction in civil matters that in the different hearings of the proceedings, the presence of the State of Honduras as a party in the process, must be considered as having appeared through the legal professional duly accredited by the General Prosecutor's Office of the Republic in accordance with the provisions of article 19.1 of the Organic Law of the General Prosecutor's Office of the Republic in accordance with article 82 of the Civil Procedural Code, without prejudice to the guarantee of defense contained in article 82 of the Constitution of the Republic. SECOND: This auto acordado containing this provision shall be effective from its publication in the Official Gazette La Gaceta. Tegucigalpa, M.D.C., November 22, 2018. LUCILA CRUZ MENENDEZ GENERAL SECRETARY

(E.N.A.G.) Tel. Reception 2230-6767. Miraflores Sur Colony, Government Civic Center Tel.: 2230-1120, 2230-1391, 2230-25-58 and 2230-3026 Subscriptions: Name:___________________________________________________________________________________________ Address: _________________________________________________________________________________________ Telephone: _________________________________________________________________________________________ Company: __________________________________________________________________________________________ Office Address: __________________________________________________________________________________ Office Telephone: ___________________________________________________________________________________ Advance The Official Gazette La Gaceta circulates Monday through Saturday Next Edition Send us your information at: unit price: Lps. 15.00 Physical and Digital Subscription Lps. 2,000.00 annual, six months Lps. 1,000.00 La Gaceta is at the forefront of technology, now offering its clients the service in digital version at the national and international level on its website www.lagaceta.hn For more information call Tel.: 2230-1339 or email: gacetadigitalhn@gmail.com We have: • Online consultation service. TEGUCIGALPA Col. Miraflores Sur, Government Civic Center, adjacent to the Judicial Branch. SAN PEDRO SULA Exit to Puerto Cortés, Commercial Center, "Los Castaños". Telephone: 25-52-2699. DISTRIBUTION CENTERS: AGREES: FIRST: To delegate to citizen MAURICIO RENE VALLADARES THUMANN, registered with the Bar Association of Honduras under number 23573.