Purification of the National Police

Declare a state of emergency for national security and public interest the purification process of the National Police for a period of twelve (12) months. The legal relationship that its members have with the State is one of trust, by virtue of the fact that they are granted in its name the use of force for the maintenance of public order and the security of persons and their property. Fitness, loss of trust and other terms established in this Decree shall be applied according to the definitions established in the General Law of the Superintendency for the Application of Trust Evaluation Tests and its Regulations.

Authorize the Executive Power so that, through the Secretary of State in the Department of Security, it proceeds to terminate the employment relationship with any of the members of the National Police in the decisions adopted in the purification process with the responsibility of paying the rights that in accordance with national legislation correspond. Just causes for termination by dismissal of any of the members of the National Police are the lack of fitness for the exercise of their function or the loss of trust. The Executive Power in the case of voluntary withdrawal shall proceed to the recognition and payment of labor rights and social benefits for which it may establish payment agreements.

The Executive Power shall appoint a Special Commission for the purification and transformation process of the National Police, which shall be composed of persons of recognized honorability and trajectory, and presided over by the Secretary of State in the Department of Security in this task. The Secretary of State in the Department of Security shall terminate the agreement of the members of the National Police following the procedure of Article 5 and for any of the conditions established in this Decree.

The Special Commission in the purification process has the following powers:

• 1)

  Determine fitness in service as the trust, capacity, ability, aptitude, competence, willingness and loyalty that every member of the police career must possess;

• 2)

  Implement a mechanism for monitoring and supervision of the processes of the cancelled members of the National Police;

• 3)

  Refer to the Public Ministry and to the Superior Court of Accounts, the files of persons terminated for the alleged commission of an unlawful act; and,

• 4)

  Submit a Report every three (3) months to the National Congress, on the progress of the purification process.

The Special Purification Commission presided over by the Secretary of State in the Department of Security, for compliance with the provisions of this Law must grant to the members of the National Police a hearing of discharge so that they may exercise, within the framework of the Constitution and International Treaties and special Laws, the exercise of the Right of Defense, prior notification of the charges, complaints or disciplinary measures imputed to them. The mechanism for notifications must be established in a personal manner, by notice boards or electronic means. The actions of the members of the Special Purification Commission shall not imply in any case, nor at any time, patrimonial, civil, administrative or criminal liability, in the application of this Decree to its members.

Authorize the Secretariat of State in the Department of Finance to create the corresponding budget items for the registration of payment of labor liabilities that arise from the execution of this Decree and likewise authorize it so that it can contract the Structuring Bank and the Paying Bank of the sovereign bonds that it places in the national or international market. For the fulfillment of payment of labor rights, the Secretariat of State in the Department of Finance shall charge it to the internal credit limit authorized in the General Budget of Income and Expenses of the Republic. In the event that greater resources are required, a budget increase shall be required which shall be presented to the National Congress for approval.

During the validity of this Decree, the suspension of the validity of Articles 114 of Chapter V containing the "Termination of the Police Career"; Articles 127, 128, 129, 130, 131 and 132 of Chapter VI containing "Disciplinary Measures and the Dismissal Regime", both chapters of Title IV of "Police Service Career", contained in Legislative Decree No. 67-2008, and its reforms containing the Organic Law of the National Police, as well as the Civil Service Law, contained in Decree 126 and all its reforms, in order to expeditiously carry out the removal of members of the National Police, without prejudice to constitutional guarantees.

The National Council of Defense and Security shall establish a special protection mechanism for citizens who provide collaboration and provide truthful information to the Special Purification Commission.

This Decree shall take effect on the day of its publication in the Official Gazette. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the seventh day of the month of April of Two Thousand Sixteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY SARA ISMIELA MEDINA GALO SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C.; April 08, 2016 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENT OF SECURITY JULIAN PACHECO Secretariat of Human Rights, Justice, Internal Administration and Decentralization AGREEMENT No. 21-2016 THE SECRETARY OF STATE IN THE DEPARTMENT OF THE SECRETARIAT OF THE PRESIDENCY, Making use of the powers with which he was invested by the President of the Republic through Executive Agreement 001-A-2014 dated January 31, 2014, and in application of articles 235 and 245 powers 5 and 11 of the Constitution of the Republic; 11, 116, 118, 119 and 122 of the General Law of Public Administration. AGREES: FIRST: To appoint the citizen HECTOR LEONEL AYALA ALVARENGA, in the position of Secretary of State in the Departments of Human Rights, Justice, Internal Administration and Decentralization. SECOND: The appointee shall take possession of his office immediately after taking the oath of law, the oath established in the Second paragraph of article 33 of the Code of Ethical Conduct of the Public Servant and present his Sworn Statement of Assets before the Superior Court of Accounts. Tenure in office is subject to evaluation by results in the terms established by the Presidency of the Republic. THIRD: This Executive Agreement is effective from its date and must be published in the Official Gazette "La Gaceta". LET IT BE COMMUNICATED AND PUBLISHED. Given in the City of Tegucigalpa, municipality of the Central District, on the third (03) day of the month of March of the year two thousand sixteen (2016). REINALDO ANTONIO SÁNCHEZ RIVERA SECRETARY OF STATE IN THE DEPARTMENT OF THE SECRETARIAT OF THE PRESIDENCY KARLA EUGENIA CUEVA AGUILAR SECRETARY OF STATE, BY LAW IN THE DEPARTMENTS OF HUMAN RIGHTS, JUSTICE, INTERNAL ADMINISTRATION AND DECENTRALIZATION