Law on Special Protection of Officials and Former Officials in Extraordinary Risk

The purpose of this Law is to establish the legal framework that regulates the implementation of special protection measures for natural persons who are currently providing or have provided services to the State, and who as a direct consequence of decisions and actions inherent to their position, are exposed to extraordinary risks and real threats against their integrity or that of their family unit.

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 taken by the State to prevent extraordinary risks to officials from risks or threats resulting from their activities inherent to their positions and functions.

• c)

  Risk: The vulnerability to a possible or potential harm or damage to persons. It is the probability that an event with adverse consequences will occur.

• d)

  Minimum Risk: It is a hypothetical category in which the official could be threatened by natural illness. It is used only as a reference; it does not require special intervention by the State since protection is the responsibility of the official himself.

• e)

  Ordinary Risk: Risk arising spontaneously from acts external to the human person; its derivation stems from coexistence in society. It does not require special intervention by the State, since protection is the responsibility of the official himself.

• 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 threatening circumstances against the integrity and life of the official. It requires special intervention by the State at the level of special personal protection, following a risk analysis by the competent authority.

• g)

  Extreme Risk: When a person is subjected to a real and manifest threat that exposes the life or personal integrity of the official to serious danger. It is the responsibility of the State to provide the corresponding special protection measures.

• h)

  Protection Scheme: The method used to prevent, protect, and respond to possible attacks against the protected subject.

Officials and former officials are entitled to special protection from the State under the categories that for purposes of this Law are 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: Attorney General of the Republic, Deputy Attorney General and Attorneys General of the Republic; Secretaries of State and Former Officials in the Offices of Security and National Defense, Presidents and Former Presidents of the Security and Defense Commissions appointed by the National Congress and when the case so requires, members of said commissions; subject to prior risk analysis.

• c)

  Category Three: Director and Former Directors of the National Bureau of Investigation and Intelligence, Chief and Former Chiefs of the Joint Military Staff of the Armed Forces of Honduras; General Director and Former General Directors of the National Police of Honduras; Judges with National Territorial Jurisdiction and others constituted for the handling of cases involving organized crime, Prosecutors specializing in the handling of organized crime cases and other officials from various State institutions, 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 analysis of extraordinary or extreme risk.

The special protection schemes for the officials named in the previous Article must be provided according to the following:

• a)

  President of the Republic and Former Presidents of the Republic, and Former Chiefs of the Armed Forces of Honduras and the Joint Military Staff, as corresponding 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, Attorney General of the Republic and Former Attorneys General of the Republic, by the Special Protection Unit.

• c)

  Secretaries of State in the Offices of Defense and 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 subsections a), b), and c), who are determined to be 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 from office.

• b)

  Category Two: During the exercise of their functions and upon ceasing from office for a period equivalent to the time they served, subject to the corresponding risk analysis.

• c)

  Category Three: During the exercise of their functions and upon ceasing from office, for periods determined by the corresponding risk analysis.

The Special Protection Unit (UEP) is hereby 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 other special units the protection of certain officials from the Armed Forces of Honduras. The Special Protection Unit (UEP) is the entity responsible for preparing the respective risk analyses and recommending the pertinent Protection Schemes. Said Special Unit is comprised 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 use more State resources than those provided and recommended according to the analysis performed for such purpose. The Special Protection Unit (UEP) must provide the basic necessary resources to provide the protection service to the protected subject at the declared residence. In case of change of residence, the operational costs are the responsibility of the beneficiary. The protected person must provide the minimum housing and hygiene conditions for the protection personnel.

The proper use of protection resources must be established in the corresponding regulations; improper use gives rise to suspension of the service.

The Special Protection Unit (UEP) must conduct periodic risk analyses to determine the continuity or suspension of the provision of special protection service.

All authorities and private entities are obligated to cooperate with the officials of the Special Protection Unit (UEP) in the performance of their functions. Non-compliance with this provision gives rise to the criminal, civil, and administrative responsibilities and sanctions that correspond.

The National Defense and Security Council must issue the respective regulations to this Law within a period of ninety (90) calendar days counted from its entry into force.

Transitional Provision: The National Police of Honduras and the Armed Forces of Honduras are authorized to withdraw from the personnel that is 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, passed in the city of Tegucigalpa, Municipality of the Central District, in the Session Room 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 Let it be sent to the Executive Power on February 20, 2014. By Decree: Execute it. 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