Errata Notice to the Special Law on the Organization and Functioning of the Nominating Board for Candidates to Magistrates of the Supreme Court of Justice

POWERS AND DUTIES OF THE NOMINATING BOARD. The powers and duties of the Nominating Board are as follows:

• 1)

  To develop a work schedule setting forth the stages of its work, anticipating the deadlines established constitutionally, while always adhering to the principles established in Article 3 of the Present Law;

• 2)

  To issue the regulations of the present Law and apply the evaluation matrix and technical illustrative instructions that contain the international standards of human rights developed by the United Nations Special Rapporteur on the Independence of Judges and Lawyers in accordance with the content of international treaties related to the function of the judiciary and international jurisprudence on judicial independence and other International Instruments Adopted by Honduras related to the matter;

• 3)

  To approve, prior to the call for applications, the technical instruments that, among other elements, define the ideal profile of the candidates to be selected, the evaluation and scoring criteria in accordance with said profile, the documentation that will be requested from applicants and a bank of questions for interviews in accordance with the technical evaluation matrix to be conducted according to international standards of human rights developed by the United Nations Special Rapporteur on the Independence of Judges and Lawyers, in accordance with the content of international treaties related to the function of the judiciary and international jurisprudence on judicial independence;

• 4)

  To require specific criteria of excellence to guarantee the professional suitability and moral and ethical quality of candidates, supplementing the basic requirements established in the rest of Honduran legal system;

• 5)

  To conduct a public call through print and electronic media, and to receive directly for study, at the headquarters of the institution or organization whose representative holds the office of Secretary, the self-nominations of professionals who apply to the Supreme Court of Justice;

• 6)

  To open a file with the name of each applicant;

• 7)

  To verify that applicants are suitable for the position, confirming, through pertinent tests and investigations, that they meet legal requirements and criteria of excellence, and that they do not incur in ineligibilities or conflicts of interest;

• 8)

  To receive and resolve complaints and challenges against applicants, always guaranteeing the right to respond;

• 9)

  To conduct public interviews with male and female candidates on key topics or matters that could help the Board form its final list, in accordance with the highest standards of professional, moral, and personal suitability;

• 10)

  To objectively evaluate and weigh the merits of male and female professionals participating in the process, also taking into account criteria of gender equity, ethnic diversity, and disability status;

• 11)

  To deliver to the National Congress, and to the general public, a list of no fewer than forty-five (45) candidates to the Supreme Court of Justice, together with a detailed report on the evaluation of personal and professional merits of candidates included and not included in the final list; and,

• 12)

  To guarantee the participation of observers and the broadest publicity and transparency of all its activities, from the beginning to the end of its work.

PHASE OF TESTS AND INVESTIGATIONS FOR THE VERIFICATION OF REQUIREMENTS, INELIGIBILITIES AND KNOWLEDGE. To verify compliance with legal requirements for the position and criteria of excellence, the non-existence of ineligibilities and suitability, the Board shall order the conducting of toxicological, psychometric, and written tests of legal knowledge, respecting the dignity of the human person. In no case shall a polygraph test be administered. Regarding applicants who have passed the three (3) tests in the preceding paragraph, investigations shall be conducted concerning all matters related to their personal, professional, and patrimonial history, requesting and receiving all information from the institutions, organizations, and persons that it considers competent and relevant, who must respond within a period not to exceed ten (10) business days, under penalty of incurring the corresponding legal responsibility in case of delay or non-compliance. In the performance of this power, the Board may keep the names of informants in confidence, if so requested, but shall not receive anonymous communications. For the conducting of these tests and investigations, the National Autonomous University of Honduras (UNAH), the Directorate of Forensic Medicine, the Ministry of Health, the Superior Court of Accounts (TSC), and the competent public and private agencies are obligated to provide priority support to the Board, complying with the deadlines that it establishes. The Board may request the cooperation of the Superintendence for the Application of Confidence Evaluation Tests, which shall be made available to the Board immediately and unconditionally, in cases of tests or investigations for which there is no public or private agency that can provide the service with the same quality and timeliness, but shall not be subject to the General Law of the Superintendence for the Application of Confidence Evaluation Tests, contained in Decree No. 254-2013 of December 16, 2013, published in the Official Journal "La Gaceta" of March 6, 2014.