Special Protection Law for Public Officials and Former Public Officials in Extraordinary Risk
Congreso Nacional
- Decree: 323-2013
- Published: January 15, 2014
- Issuing body: Congreso Nacional
- Gazette: 33,467
- Category: Constitutional
Summary
This law creates a special state protection system for current and former officials facing extraordinary risks due to their work. It establishes three categories of officials (presidents, prosecutors, anti-corruption judges) and creates the Special Protection Unit to provide security during and after their terms, based on their assessed risk level.
Considerations
Whereas the human person is the supreme purpose of Society and the State, and it is the obligation of all to respect and protect them. Therefore, it corresponds to the State to implement programs of special protection, oriented toward safeguarding the rights to life, liberty, integrity, and security of officials and former officials in extraordinary or extreme risk.
Whereas there are high-ranking officials of the State, as well as those officials who operate in the justice system who, as a direct consequence of decisions and actions inherent to their positions, expose themselves to extraordinary risks and real threats against their integrity or that of their families, for which reason protection by the State is necessary during the exercise of their positions and in those cases after they have ceased to hold such positions.
Whereas it is necessary that the State have a Special Corps that provides protection and security services in an adequate, professional, technical, and secure manner, and prior analysis of each concrete case, to those officials who find themselves in risk or real threats by reason of their services to the nation.
Whereas it corresponds to the National Congress to create, enact, interpret, reform, and repeal laws.
Articles
The purpose of this Law is to establish the legal framework that regulates the implementation of special protection measures for natural persons who are providing or have provided services to the State, and who, as a direct consequence of decisions and actions inherent to their position, are subject to extraordinary risks and real threats against their integrity or that of their family.
For purposes of application of this Law, the following definitions must be observed:
- a)
Threat: A situation of real or potential danger that may cause harm to persons or institutions through an intentional action.
- b)
Protection: Actions and measures carried out by the State to prevent extraordinary risks to officials facing risks or threats resulting from their activities inherent to their positions and functions.
- c)
Risk: The vulnerability to possible or potential harm or damage to persons. It is the probability that an event with adverse consequences will occur.
- d)
Minimum Risk: A hypothetical category in which the official is threatened by their work and natural illness. It is used only as a reference and does not require special intervention by the State since protection is the responsibility of the official themselves.
- e)
Ordinary Risk: Risk arising spontaneously as a result of human persons; its derivation arises from coexistence in society. It does not require special intervention by the State, since protection is the responsibility of the official themselves.
- f)
Extraordinary Risk: A situation of vulnerability that officials have as a direct consequence of the exercise of their public activities or functions, for which there are real facts or evident circumstances threatening the integrity and life of the official. It requires special intervention by the State at the level of special personal protection, following risk analysis by the competent authority.
- g)
Extreme Risk: When a person is subject to a real and manifest threat that exposes the life or personal integrity of the official to grave danger. It is the responsibility of the State to provide them with the corresponding special protection measures.
- h)
Protection Scheme: The method used to prevent, protect, and channel against possible attacks on the protected subject.
Officials and former officials have special protection from the State under the risk categories for purposes of this Law, which shall be established as follows:
- a)
Category One: President of the Republic and Former Presidents of the Republic, President and Former Presidents of the National Congress, President and Former Presidents of the Supreme Court of Justice.
- b)
Category Two: General Attorney of the Republic, Deputy General Attorney and Former General Attorneys of the Republic, Secretaries and Former Secretaries of State in the Offices of Security and National Defense, Presidents and Former Presidents of the Commissions on Security and Defense appointed by the National Congress, and when the case requires it, members of said commissions; following prior risk analysis.
- c)
Category Three: Director and Former National Directors of the National Directorate of Investigation and Intelligence, Chief and Former Chiefs of the Joint Command of the Armed Forces of Honduras, Director General and Former Directors General of the National Police of Honduras; Judges with National Territorial Jurisdiction and others constituted for the treatment of organized crime cases. Special: Continuous specialists for the treatment of organized crime cases and other officials of the different branches of the State, whose decisions or actions in the exercise of their functions place them in a situation of extraordinary or extreme risk against their physical integrity, subject to their inclusion in the extraordinary or extreme risk category.
The special protection schemes for the officials named in the preceding Article must be provided as follows:
- a)
President of the Republic and Former Presidents of the Republic, and Former Chiefs of the Armed Forces of Honduras in the Joint Command, as corresponds to the title they held at the time, by the Presidential Honor Guard.
- b)
President and Former Presidents of the National Congress, President and Former Presidents of the Supreme Court of Justice, General Attorney of the Republic and Former General Attorneys of the Republic: By the Special Protection Unit.
- c)
Secretary of State in the Offices of Defense, Security and Intelligence in office, by their respective Institutions and Presidents of the Defense and Security Commissions appointed by the National Congress, by the aforementioned institutions.
- d)
Officials not included in paragraphs a), b), and c) who become subjects of special protection in the risk analysis, by the Special Protection Unit.
For purposes of guaranteeing the period of service provision, the following is established:
- a)
Category One: During the exercise of their functions and permanently, once they cease their position.
- b)
Category Two: During the exercise of their functions and upon ceasing their position for a period equivalent to the time they served, following corresponding risk analysis, and.
- c)
Category Three: During the exercise of their functions and upon ceasing their position, for periods determined in the corresponding risk analysis.
The Special Protection Unit (SPU) is created, dependent on the General Directorate of the National Police of Honduras, as a special body in charge of providing protection and security services for Officials in Extraordinary and Extreme Risk. The President of the Republic may delegate to the Armed Forces of Honduras the protection of certain officials. The Special Protection Unit (SPU) is the entity responsible for conducting the respective risk analyses and recommending the pertinent Protection Schemes. Said Special Unit is composed of personnel from the police force, specialized and certified. For its operation, the Secretariat of State in the Office of Finance must make the corresponding budgetary provisions.
No official or former official may have more State resources than those provided and recommended according to analysis conducted for such purpose. The Special Protection Unit (SPU) must provide the basic resources necessary to provide the protection service to the protected subject at the declared residence. In the event that the subject lacks a residence, the operational costs are the responsibility of the beneficiary. The protected person must provide the minimum conditions of housing and hygiene for the protection personnel.
The proper use of protection resources must be established in the corresponding regulations; improper use results in suspension of the service.
The Special Protection Unit (SPU) must conduct periodic risk analyses to determine the continuity or suspension of the special protection service provision.
All authorities and private entities are obligated to cooperate with the officials of the Special Protection Unit (SPU) in the performance of their functions. Non-compliance with this provision results in the corresponding criminal, civil, and administrative liabilities and sanctions.
The National Council for Defense and Security must issue the regulations corresponding to this Law within a period of ninety (90) calendar days counted from its entry into force.
Transitory Provision: The National Police of Honduras and the Armed Forces of Honduras are authorized to withdraw personnel who are providing special protection services to natural persons not indicated in this Law.
This Decree repeals Legislative Decree No. 376-2005 dated January 30, 2005 published in the Official Gazette La Gaceta on January 24, 2006; and Decree No. 288-2009 dated January 13, 2009 published in the Official Gazette La Gaceta on January 22, 2010.
This Decree enters into force as of the day of its publication in the Official Gazette La Gaceta, without in the city of Tegucigalpa, Municipality of the Central District, in the Session Hall of the National Congress, on the fifteenth day of the month of January of Two Thousand Fourteen. MAURICIO OLIVA HERRERA PRESIDENT FOR THE LAW GLADIS AURORA LÓPEZ CALDERÓN SECRETARY ÁNGEL DARIO BANEGAS LEIVA SECRETARY Issue to the Executive Power dated February 20, 2014. Therefore: Execute. Tegucigalpa, M.D.C., February 27, 2014 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF SECURITY ARTURO CORRALES ALVAREZ
Related laws
- Law on Special Protection of Officials and Former Officials in Extraordinary Risk — This law creates a special state protection system for public officials and former officials who face real threats due to their work. It establishes three protection categories (presidents, prosecutors, judges, and other justice operators) and creates the Special Protection Unit within the National Police to provide security during and after their service. (Decree 323-2013)
- Decreto Legislativo No. 323-2013 — Reforma de Artículos 3 literal b) y 4 literal b) de la Ley de Protección Especial de Funcionarios y Exfuncionarios en Riesgo Extraordinario — This reform expands special protection for Honduran government officials and former officials facing extraordinary risks to their lives. It modifies the requirements and criteria to access security measures such as police protection, relocation, or assistance. It benefits public employees and their families who are in danger because of their work. (Decree 323-2013, 2015)
- Decreto Legislativo No. 323-2013 — Ley de Protección Especial de Funcionarios y Exfuncionarios en Riesgo Extraordinario — This law establishes rules for managing public investment programs and projects in Honduras. It requires all institutions to register their projects in the National Public Investment System, keep financial information updated, and follow specific procedures to obtain financing, scholarships, and budget transfers. (Decree 323-2013, 2024)
- Acuerdo — Reglamento de la Ley de Protección Especial a Funcionarios y Exfuncionarios en Riesgo Extraordinario
- Decreto Legislativo No. 93-2014 — Reforma de los Artículos 3 literal b) y 4 literal b) del Decreto Legislativo No.323-2013 sobre Protección Especial de Funcionarios y Exfuncionarios en Riesgo Extraordinario — This law expands state protection for judges and magistrates of the Supreme Court and Appeals Courts who face risks from their work. Now all magistrates have the right to special protection, not just presidents, guaranteeing their safety and integrity while performing judicial duties. (Decree 93-2014, 2015)