Special Law on Security and Prevention of Violence and Intolerance in Football Stadiums

PURPOSE.- The present Law aims to foster conditions of security and prevent acts of violence and intolerance during sporting events held in Football Stadiums and Sports Facilities, for which conduct standards shall be established that must be observed in a mandatory manner and, in the absence thereof, apply the corresponding sanctions.

OBJECTIVES.- The specific objectives of the present Law are:

• 1)

  To maintain public safety and public order at sporting spectacles offered in Football Stadiums and Sports Facilities, as well as in all related acts that take place in the areas adjacent thereto, before, during and after;

• 2)

  To establish, in relation to football and other federally sanctioned sports in the country, a sports disciplinary regime applicable to those who execute acts of violence or reflect intolerance, including any form of racism or xenophobia; and,

• 3)

  To determine the administrative sanctioning regime against acts of violence and intolerance in football and other sports.

PASSIVE SUBJECTS OF THE LAW.- This Law is applicable to:

• 1)

  Natural or Legal Persons Organizers of events of all kinds;

• 2)

  Natural or Legal Persons responsible for the administration of Football Stadiums and Sports Facilities; and,

• 3)

  Spectators and Other Attendees such as: food sellers, beverage vendors, persons selling from stands, vendors of various products such as: scarves, caps, jerseys, etc.

DEFINITIONS.- For the purposes of this Law, the following are understood as:

• 1)

  Football Stadium and Sports Facilities: Is a sports venue or facility for the holding of matches or competitions of professional football or other sports held by the leagues of the First and Second Division or equivalents of other sports and, which has at least the following elements:

  • a)

    A playing field or pitch with the minimum measurements authorized by the International Federation of Association Football (FIFA) or the respective federation;

  • b)

    A solid perimeter wall; and, c) Stands and in some cases seats and boxes for spectators.

• 2)

  Area Adjacent to the Stadium or Sports Facility: Geographic space, comprised within a radius of five (5) kilometers, measured from the perimeter of the Football Stadium or Sports Facility.

• 3)

  Sports Supporter Groups: Are persons grouped or organized, on a temporary or permanent basis, to encourage and support a particular Club or Sports Team.

• 4)

  Harmful Consumption of Alcoholic Beverages: In the broad sense, is referred to the quantity or pattern of alcohol consumption that causes harmful health and social effects for the drinker, for those around him and for society in general, taking into account the unique characteristics of each individual (body weight, age, gender, use of medication and health status) and health problems that are directly related to it. Pregnant women and minors are more vulnerable to the toxic and psychoactive effects of alcohol.

• 5)

  Intolerance: Are all those manifestations, felt, messages, statements, symbols and all types of behavior of an individual or group, offensive to human dignity, with the purpose of minimizing or differentiating itself from another those whose physical characteristics, ideas or thoughts are different from theirs. Intolerance is usually a source generator of conflicts and acts of violence.

• 6)

  Violence: Is any action that individuals or groups execute against another or other individuals, which causes damage or harm, physical, moral and/or psychological to the assaulted person.

• 7)

  Moderate Consumption: Habit of alcoholic beverage that by deduction, contrasts with Harmful Consumption. It denotes a consumption of moderate quantities that causes no problems. This expression is comparable with the so-called "low-risk consumption".

• 8)

  Natural or Legal Persons Organizers of Sporting Events: Are the Natural or Legal Persons, legally represented by a natural person, responsible for the organization of a sporting event or football match, who in coordination with the administration of the sports facility where such match takes place, are responsible for the implementation of security measures before, during and after each event.

• 9)

  Natural or Legal Persons Responsible for the Administration of Football Stadiums or Sports Facilities: Are the Natural or Legal Persons, legally represented by a natural person, who have the responsibility of administering sports facilities where football competitions and other sports are held and, who in coordination with the organizers of the sporting event, are responsible for the implementation of security measures before, during and after each match.

• 10)

  Spectators and Other Attendees: Are the Natural Persons who enter the venue or stadium where a sporting event will take place, with their ticket or pass or with courtesy passes for labor or other reasons, and who are not included in the categories of organizers, administrators of sports venues, according to governmental provision or by the Commission.

ADMINISTRATIVE RESPONSIBILITY OF PERSONNEL.- To prevent acts of violence and intolerance in Football Stadiums and Sports Facilities, the organizers and administrators of such events and facilities, whether Natural or Legal Persons, legally represented by a natural person, are administratively responsible for implementing measures and provisions contained in this Special Law, its Regulations or in the statutory or regulatory provisions of the competent sports organization. Likewise they are responsible for implementing the Agreements and Resolutions issued by the National Commission for Safety and Prevention of Violence and Intolerance in Football Stadiums and Sports Facilities or The Commission. The omission or non-compliance gives rise to the imposition on the responsible Natural or Legal Person of sanctions in the manner provided for by this Law. The Natural or Legal Person organizing or administering is responsible for the material or physical damages that occur in the Football Stadium or Sports Facility or at the respective event; at whose charge the preventive measure or provision of the case must be implemented; without prejudice to this Person's right to sue against the Natural or Legal Person directly responsible for the Event or Sports Facility.

DUTY OF DELIMITATION.- For the effective fulfillment of responsibilities and obligations, as well as for the effective application and individualization of responsibilities and sanctions provided for in this Special Law and its Regulations, the organizers of football matches or other sports and the administrators of sports venues must delimit the obligations established in this Law, through an Agreement, Contract or Covenant that they sign for each event, match or series of events such as a championship: the lack of the agreement, contract or covenant results in joint and several liability for the event organizer or in his case for the administrator of the Football Stadium or Sports Facility.

MEASURES TO PREVENT ACTS OF VIOLENCE AND INTOLERANCE.- To prevent acts of violence and intolerance in Football Stadiums and Sports Facilities, the organizers of such events and those legally responsible for the administration of the Facilities where they are held, each within the scope of their competence; must fulfill the following responsibilities and obligations:

• 1)

  To ensure respect for and compliance with the rules of conduct for spectators, in relation to access and remaining in Football Stadiums and Sports Facilities to witness a match or competition;

• 2)

  Not to permit the use of minors, in the sale of alcoholic beverages and tobacco, except in authorized cases in accordance with the Labor Code;

• 3)

  Not to permit the sale of alcoholic beverages and any other narcotic drug to minors;

• 4)

  To exercise unrestricted control of the entry of persons to the playing field area, except for authorized personnel;

• 5)

  To provide full cooperation to the competent authorities for the prevention of violence and intolerance;

• 6)

  To prevent the entry of persons, whether spectators, managers, vendors, among others, in an obvious state of intoxication; carrying weapons of any kind or sharp objects; as well as flares, fireworks, explosives or in general flammable, smoke-producing or corrosive products or any other that represents a danger to security;

• 7)

  To promote moderate consumption of alcoholic beverages in the advertising content of the event and within the sports venue during the event;

• 8)

  To avoid harmful consumption of alcoholic beverages. The sale and consumption of only moderate beverages, including beer, are prohibited provided that their alcohol content is less than or equal to five percent (5%) by volume of alcohol;

• 9)

  To ensure that the distribution of permitted beverages is carried out by authorized retailers and/or that the end consumer is sold in cardboard or plastic cups;

• 10)

  To exercise due and rigorous control of the entry of retailers and their employees, product and service suppliers and of the products for sale, one day before the event and subsequently in the hours prior to its holding;

• 11)

  To adopt the necessary measures for the immediate cessation of prohibited acts, in cases where preventive security and control measures have failed;

• 12)

  To actively collaborate in the location and identification of violators of the conduct prohibited by this Law;

• 13)

  To equip sports facilities, on a permanent or per-event basis, with an effective communication system with the public to transmit necessary messages;

• 14)

  To establish or delimit spaces within Football Stadiums and Sports Facilities, in a permanent manner, to locate separately the supporter groups or fans according to their respective affiliation;

• 15)

  To establish by hour and gate, the rhythm of entry and exit of fans, in order to avoid potential confrontations and disorders;

• 16)

  To signpost the exit routes with symbols, in addition to convenient written texts, to guarantee access for persons with special capabilities;

• 17)

  To design courses and workshops on education for peace and non-violence in Football Stadiums and Sports Facilities and adjacent areas, likewise to schedule educational and preventive campaigns, aimed at preventing violence in such venues through the press, radio, television, Basic, Secondary and University Education Centers and other educational centers, as well as the mandatory collaboration of football clubs and other sports that make up the National Professional Football League, Federated Sports and their sponsors;

• 18)

  In every remunerated spectacle of whatever type, there must be entry controls, such as: registration, inspection or detention of weapons; and,

• 19)

  To comply with any other measure that as a result of new practices proves necessary to implement, at the discretion of The Commission.

PARTIAL OR TOTAL RESTRICTION OF THE SALE AND CONSUMPTION OF BEVERAGES.- The organizers of sporting events may, after a favorable ruling by The Commission, restrict, partially or totally, the possession, sale and consumption of alcoholic beverages at a determined sporting event. The request for objection must be submitted in writing, stating the reasons that justify the necessity.

INCORPORATION INTO REGULATORY PROVISIONS OF SPORTS ENTITIES.- The causes for which access to sports venues can be prevented must be incorporated into the regulatory provisions of all sports entities and federations, and clearly state the effect on the signage in the places of access to the venue. SECTION II OF SPECTATORS AND OTHER ATTENDEES AT SPORTING SPECTACLES

CONDITIONS OF ACCESS TO FOOTBALL STADIUMS AND SPORTS FACILITIES.- The following are conditions of access to Football Stadiums and Sports Facilities:

• 1)

  It is strictly prohibited for spectators and attendees at sporting spectacles:

  • a)

    To enter sports venues carrying alcoholic beverages, in an obvious state of intoxication or under the effects of drugs or narcotics;

  • b)

    To introduce, carry or use any kind of weapons or other objects that could produce the same effects, as well as flares, fireworks, explosives or in general flammable, smoke-producing or corrosive products;

  • c)

    To introduce sharp or blunt objects that may endanger the physical integrity of athletes, sports participants, referees and spectators or fans in general;

  • d)

    To enter disguised or with paint or costumes that may hinder or prevent their identification;

  • e)

    The entry of flags, posters, banners with texts, graphic elements, symbols and other signs that violate the dignity of the human person, morality, good customs and peaceful coexistence and that do not coincide with the spirit of a sporting spectacle, as well as those that are symbols of political parties or movements or incite violence or intolerance; in particular messages that insult or threaten because of racial origin, ethnicity, religion, convictions, disability, age, sex or sexual orientation or any other personal or social circumstance; or that constitute an act of manifest contempt for the participants in the competition or the spectacle in question; and,

• 2)

  Spectators, retailers and their employees, service personnel and in general attendees at football and other sports spectacles are obligated to submit to the pertinent controls to verify compliance with the conditions established in the preceding numeral and in particular:

  • a)

    To allow themselves to be recorded via closed-circuit television in the vicinity of the Stadium or sports venue, in its accesses and in the interior thereof;

  • b)

    To submit to personal inspection when so ordered and carried out by the competent authority; and, c) To enter the Stadium or sports venue through security arches or metal detectors.

• 3)

  Entry to the Football Stadium and Sports Facilities is prohibited for any person included in any of the legal prohibitions or who refuses to submit to the pertinent controls, including making entry through security arches or metal detectors, until they change their attitude. The Natural or Legal Persons organizing sporting events and the administrators of Football Stadiums and Sports Facilities are responsible for compliance with these provisions.

PROVISION OF INFORMATION ABOUT FOLLOWERS OR MEMBERS OF SUPPORTER GROUPS.- The directive members of football or other sports teams, protagonists of sporting events, are obligated to comply with the following responsibilities: 1) To prepare a census and provide to the competent authority all available information about groups of followers or members of supporter groups, in everything that refers to composition, organization, behavior and evolution, as well as the displacement plans of their groups, transportation locations, sold seats and reserved spaces in the sports venue; and, 2) To refrain from providing or facilitating to persons or groups of followers or fans who have failed to comply with the obligations or violated the provisions of this Law, censuses, means of transportation, locations, subsidies, free tickets, discounts, advertising or publicity or any other type of promotion or support of their activities. CHAPTER III OF CONTROL, SURVEILLANCE AND SECURITY MEASURES

CLOSED-CIRCUIT, METAL DETECTORS AND INFORMATION ON SECURITY MEASURES.- For security reasons it is mandatory for Natural or Legal Persons responsible for the administration and maintenance of the venue or Sports Facility:

• 1)

  The installation of closed-circuit television systems to record the access and full capacity of Stadiums or Sports Venues, including adjacent areas where public congestion may occur. All necessary measures must be adopted to guarantee the permanent and proper functioning of these equipment;

• 2)

  The use of metal detectors for controlling the entry of all persons at all entrances, stands or preferential sites such as boxes. Detectors can be installed as metal arches at the accesses or sports venues where feasible;

• 3)

  To inform about the security measures established in the sports venue. The information must be included on the back of admission tickets or courtesy passes, on posters fixed at the access gates and in the interior of the sports facility; and,

• 4)

  The devices referred to in numerals 1) and 2) above can be installed on a permanent basis. The aspects contained in this Article must be developed in the Regulations of this Law.

REGISTER BOOK OF ACTIVITIES OF FOLLOWERS.- The Register Book of Activities of Followers must conform to the following:

• 1)

  Clubs and/or any entity organizing competitions and sporting spectacles that are formally constituted must have a Register Book, where at least the following appears: full name and identifying information of the managers, full name and identifying information of members, copies of identity documents, home addresses and personal telephone numbers of the leaders who follow them; activities to be carried out and responsible persons. In the same manner the Club or organizing entity must register the members of the supporter groups and/or any other de facto organization that supports them. The Commission must determine the need to provide further data, validate and supervise the use of the Register Book;

• 2)

  Without prejudice to compliance with current legal provisions on personal data protection, the Register Book must be available to any governmental authority for purposes of investigation: of the Security Coordinator of the sports facility and/or of the organizer of the event; and of The Commission. The Register Book must be updated whenever necessary;

• 3)

  Any type of support or activity is prohibited in favor of clubs or organizers of competitions, if registration has not been made in the terms established in numeral 1) of this Article and, in the event that a sanction has been applied for infraction committed in accordance with this Law; and,

• 4)

  Teams or clubs must keep a list or census of members of supporter groups and grant them an identification or membership card.

DECLARATION OF HIGH-RISK FOOTBALL MATCHES AND OTHER SPORTS. CRITERIA.- Criteria for the Declaration of High-Risk Sports.

• 1)

  Clubs, federations, professional football leagues and/or organizers of sporting events or matches must notify the official authority competent in security matters, at least forty-eight (48) hours in advance; if the football match, sporting event or encounter is classified as High-Risk:

• 2)

  Minimum criteria for the classification of a football match or sporting event as High-Risk:

  • a)

    History of acts of violence by fans presumed to attend the event, especially if there are organized groups that have previously staged incidents;

  • b)

    If fans or organized groups are calling for violence through forums or social networks or if there have been confrontations between supporter groups;

  • c)

    If there is evidence that more radical fan groups or fans will attend the event; and, d) If the supporter group or support group of the competing teams is violent, whether one or both supporter groups.

• 3)

  The classification of High-Risk corresponds to The Commission, upon proposal of the clubs, federations, Professional Leagues and/or organizers of sporting events, who in this case must reinforce security measures;

• 4)

  The security measures that must be implemented by the organizers of a sporting event and the administrators of Football Stadiums and Sports Facilities must comprise at least:

  • a)

    The Ticket Sales System;

  • b)

    To describe the location of rival sports supporter groups in different areas of the venue from the other organized group; and, c) Access control for strict compliance with the prohibitions established in this Law.

CONTROL AND MANAGEMENT OF TICKET SALES AND ACCESS TO THE SPORTS VENUE. INFORMATION ON THE TICKET.- Without prejudice to the responsibilities and obligations comprised in Section I of Chapter II of this Law, it corresponds to the organizers of sporting events and the administrators of Football Stadiums and Sports Facilities: 1) To install a computerized system for control and management of ticket sales, as well as access to the sports venue, within the timeframe established in this Law; and, 2) To inform through the entry ticket, document, accreditation or title of access to the Sports Facility, in addition to what is provided in the preceding Article 10 paragraph 3) and other applicable provisions, the causes that prevent access to the sports venue.

ON THE COORDINATION OF SECURITY AT A SPORTS EVENT.- ORGANIZATIONAL CONTROL UNIT.- The coordination of security at a sports event must be adjusted to the following rules:

• 1)

  The Coordinator of Security for a football match or sports event is the person designated by the National Police of Honduras, ordered by the football commissioner or its equivalent in another sport, who must assume the functions of coordination, direction and organization of security services at the celebration of a Match or Competition, for which purpose must integrate an Organizational Control Unit, taking into consideration the support that may be provided by the teams participating in each of the events;

• 2)

  The organizers of the match or competition must designate a security representative, who must integrate the Organizational Control Unit and before, during and immediately after the development of the event, must advise the Coordinator of Security in the exercise of their function; and,

• 3)

  The graphic elements, video or digital media in which the exercise of the functions of the Unit are reflected have the status of police files for the pertinent purposes. The data must only be retained insofar as it is necessary for the investigation of incidents that occurred as a consequence of the celebration of a match or sports event. CHAPTER IV OF THE NATIONAL COMMISSION FOR SECURITY AND PREVENTION OF VIOLENCE AND INTOLERANCE IN FOOTBALL STADIUMS AND SPORTS FACILITIES

CREATION OF THE COMMISSION AND ITS COMPOSITION.- The National Commission for Security and Prevention of Violence and Intolerance in Football Stadiums and Sports Facilities is hereby created, with jurisdiction throughout the country. Its headquarters is in the city of Tegucigalpa, municipality of the Central District. The aforementioned Commission is composed as follows:

• 1)

  A representative of the State Secretariat in the Office of Security, through the National Police of Honduras, who shall preside permanently;

• 2)

  A representative of the State Secretariat in the Office of the Presidency, through the Department of Sports;

• 3)

  A representative of the National Autonomous Federation of Football of Honduras (FENAFUTH);

• 4)

  Two (2) representatives of the National Professional Football League;

• 5)

  A representative of the Ascent League;

• 6)

  Two (2) representatives of sports journalists' organizations at the proposal of each of the organizations; and,

• 7)

  A representative of the Permanent Contingency Commission (COPECO). The members of the Commission must perform their functions ad honorem. On its own motion or at the request of a party and may invite other Natural or Juridical Persons to present on certain matters related to the purpose of this Law.

FUNCTIONS OF THE COMMISSION.- Without prejudice to what is established within the framework of this Law, the functions of the Commission are:

• 1)

  To register and publish annually data on violence in Football Stadiums and Sports Facilities, as well as conduct surveys on this matter;

• 2)

  To advise the national authorities, when so required, on everything relating to security and prevention of violence and intolerance in football and other sports;

• 3)

  To conduct annually, investigations, studies and reports on the causes and effects of violence in football and other sports and, present recommendations to the National Police of Honduras, to the clubs, organized fan groups and supporters in general;

• 4)

  To define prevention actions of a general or specific nature for specific events, which must be implemented immediately;

• 5)

  To define a catalog of actions constituting community work in different areas of football and other sports, such as: first and second division, minor and administrative leagues;

• 6)

  To develop guidelines and recommendations to federations, sports clubs and professional leagues, for the organization of those football events and other sports in which there is reasonably foreseen the possibility of violent acts;

• 7)

  To urge and advise federations, clubs, football leagues and their equivalents in other sports, to modify their bylaws to include in the disciplinary regimes, new provisions relating to violence; and,

• 8)

  To promote dissemination campaigns on the norms of prevention of violence and intolerance;

• 9)

  To promote and coordinate campaigns of citizen collaboration;

• 10)

  To issue in accordance with this Law, the Declaration of High Risk in a determined sports event;

• 11)

  To maintain the Registry Book of general data, activities of supporters and organized fan groups in the manner prescribed in this Law;

• 12)

  To promote preparatory and training courses for the National Police of Honduras, in matters of prevention of violence in Stadiums and Sports Facilities; and,

• 13)

  To issue its opinions, resolutions, recommendations, declarations and complementary measures that facilitate the effective compliance of this Law and its Regulations, by means of "Agreement".

INFRACTIONS.- Without prejudice to what is provided in the current legislation regarding crimes and misdemeanors; for the purposes of this Section, infractions are divided into two (2) categories: serious infractions and minor infractions. 1) SERIOUS INFRACTIONS.- The following are considered serious infractions by spectators and other attendees at football events and other sports:

• a)

  To execute any act that is identified as a violent or aggressive act or that incites violence or brawl, whether individually or in a group or, that causes damage to property, whether public or private, within sports facilities;

• b)

  To execute acts that are identified as violent or aggressive acts or that incite violence or brawl, whether individually or in a group or, that causes damage to property, whether public or private, within sports facilities;

• c)

  To refuse or oppose compliance with the security rules established in this Law;

• d)

  To fail to comply with the order to vacate under the terms established in this Law;

• e)

  To fail to comply with or breach the sanctions imposed regarding violence and intolerance in football or other sports events;

• f)

  To observe violent or aggressive conduct;

• g)

  To threaten or incite violence or aggression against the participants in sports events or competitions or, against attendees, using statements offered through mass media;

• h)

  To promote through public statements in mass media, web pages, social networks or through modern forms of communication, creating a hostile environment that motivates physical confrontation among those who participate in sports events or competitions or, among attendees to them;

• i)

  To disseminate through technical, material, computer or technological means linked to sports information or activities, content that promotes or provides support for violence or that incites and fosters violent, racist, xenophobic or intolerant behaviors on grounds of religion, ideology, sexual orientation or any other personal or social circumstance; or that constitute an act of manifest contempt for the participants in the competition or event in question; and,

• j)

  To incite violence or aggression through statements in the media, which lead to the creation of a hostile environment that promotes physical confrontation among participants in the sports event or competition or, among attendees to them. 2) MINOR INFRACTIONS.- The following are considered minor infractions by spectators and other attendees at sports events: To fail to comply with the obligations imposed by this Law; provided that they are not categorized as serious, as well as to infringe duties or obligations legally established regarding security of sports events.

INFRACTIONS.- Without prejudice to what is provided in current legislation, regarding crimes and misdemeanors; for the purposes of this Article, infractions are divided into two (2) categories: serious infractions and minor infractions. 1) SERIOUS INFRACTIONS.- The following are considered serious infractions by organizers of football and other sports events and, by Administrators of Football Stadiums and Sports Facilities, provided that this person acts in accordance with their competencies:

• a)

  To fail to comply with the norms or instructions that regulate the celebration of competitions, tests or sports events, provided that they cause harm to those who participate in them or to the attending public;

• b)

  To fail to comply with the applicable security measures in accordance with this Law and the regulatory provisions that pose a serious risk to those attending Football Stadiums and Sports Facilities;

• c)

  To repeatedly disobey the orders or dispositions of the competent authorities regarding the conditions for the celebration of matches or sports events and to behave with violence and intolerance;

• d)

  To alter the capacity or capacity of the Stadium or Sports Facility;

• e)

  To omit through fault or negligence, the repair of defects or anomalies detected in closed-circuit television systems, which represent a serious danger to the security of sports facilities;

• f)

  To fail to comply with the norms that regulate the celebration of matches and/or sports events and to behave with violence and intolerance;

• g)

  To organize, participate, encourage or promote the realization of violent or intolerant acts of significance due to their effects against the event or the persons who participate or attend;

• h)

  To fail to comply with security measures and any other norm that governs the celebration of sports events in accordance with this Law;

• i)

  To disobey the orders or specific dispositions issued by government authorities or the Commission, in accordance with the nature of the event;

• j)

  To support the activities of associations, groups, fan groups or supporters who fail to comply with what is stipulated in this Law; and, k) To fail to comply with sanctions imposed previously. 2) MINOR INFRACTIONS.- The following are considered minor infractions by organizers of football or other sports events or administrators of Sports Facilities, according to their competencies: a) To fail to obtain authorization and use the Registry Book of Supporters; and, b) To fail to comply with the duties and obligations established in this Law, by government order or by the Commission, provided that it does not constitute a serious infraction.

ON THE SANCTIONS AGAINST SPECTATORS AND OTHER INFRACTIONING ATTENDEES.- Without prejudice to the sanctions provided in current legislation on the grounds that the action committed qualifies as a crime or misdemeanor; the serious or minor infractions established in this law whose responsibility is attributed to spectators and/or attendees at football or other sports events, must be sanctioned as follows:

• 1)

  The person who commits a serious infraction shall be imposed, depending on the nature of the severity, one or more of the following sanctions:

  • a)

    Fine of up to three (3) minimum monthly salaries in the highest category;

  • b)

    Prohibition of access to all Football Stadiums and Sports Facilities in the country for a minimum period of six (6) months and maximum of one (1) year; and, c) Forty (40) or eighty (80) hours of community work related to the sports event.

• 2)

  The person who commits a minor infraction shall be imposed, depending on the nature of the infraction, one or more of the following sanctions:

  • a)

    Fine of up to three (3) minimum monthly salaries in the lowest category;

  • b)

    Prohibition of access to all Sports Facilities in the country for a minimum period of six (6) months and maximum of one (1) year; and, c) Forty (40) hours of community work related to the sports event.

• 3)

  The infractor sanctioned in accordance with what is provided in numeral 1) above, must also publish at their expense, in the same media that reported their statements that incited violence or reflected intolerance and with the same scope, the public rectification or announcements that promote sportsmanship and fair play in football or other sport, in culture and in the arts, as shall be decided by the sanctioning body; and,

• 4)

  The infractor sanctioned in accordance with what is provided in any of the above numerals, as the case may be, shall have the club or organization to which they belong suspended for the time that the prohibition of access to Football Stadiums or Sports Facilities lasts.

ON THE SANCTIONS AGAINST ORGANIZERS OF FOOTBALL OR OTHER SPORTS EVENTS AND ADMINISTRATORS OF FOOTBALL STADIUMS AND SPORTS FACILITIES.- Without prejudice to the sanctions provided in current legislation, on the grounds that the action committed qualifies as a crime or misdemeanor, the serious or minor infractions described in this Law, whose responsibility is attributed to the natural person or the legal representative of the juridical person organizing or administering sports events, must be sanctioned as follows: 1) The Natural or Juridical Person, through its legal representative, organizer or administrator, that incurs in a serious infraction must be sanctioned, depending on the gravity of the infraction, with one or more of the following sanctions: a) Fine of fifty (50) to one hundred (100) minimum salaries in the highest category; b) Disqualification to promote, organize and execute sports events, from one (1) to two (2) years; and, c) Closure or temporary closing of the sports facility, from six (6) months to one (1) year. 2) The Natural or Juridical Person, through its legal representative, organizer or administrator that incurs in a minor infraction, must be sanctioned with one or more of the following sanctions:

• a)

  Fine of one (1) to five (5) minimum monthly salaries in the highest category;

• b)

  Disqualification to promote, organize and execute sports events, up to a maximum of six (6) months; and,

• c)

  Closure or temporary closing of the sports facility, from two (2) to three (3) months. In both cases, whenever the sanction of a fine is imposed, it must be understood that the payment of the same is the responsibility of the Natural or Juridical Person on whose behalf the natural person acts.

OBLIGATION OF ORGANIZERS OF FOOTBALL OR OTHER SPORTS EVENTS AND/OR THE CLUBS.- The persons responsible for organizing sports events and the clubs must deprive the party responsible for the infraction, for the time that the sanction lasts, of the status of member, associate or affiliate. The responsible authority must officially communicate the Sanctioning Administrative Resolution.

SANCTION FOR COLLABORATORS.- To the collaborators in the commission of an infraction, without being considered direct responsible parties, the sanctions provided for in this Law must be applied, in a proportional manner, considering the sanctions imposed on the direct responsible party and the level or degree of their collaboration.

PERSONS ADMINISTRATIVELY RESPONSIBLE FOR THE COMMISSION OF INFRACTIONS.- Without prejudice to the administrative, civil or criminal responsibility established in ordinary legislation, is considered administratively responsible for the commission of an infraction: 1) Any Natural or Juridical Person that acting in a personal capacity or in the name and representation of a juridical person; executes any of the acts or observes any of the behaviors defined in this Law as prohibitions or fails to comply with its obligations. Likewise, persons who help, support or provide collateral assistance to those who commit the infraction are considered as administratively responsible at the level of collaborators; and, 2) The Players, technical and management personnel, as well as other persons subject to sports discipline, are equally responsible for acts contrary to the general and preventive norms of the sports line, in accordance with what is provided in this Law, in the regulatory and statutory provisions of federations and sports entities; provided that such behaviors take place within the setting of the specific sport. In case of attending a sports event as spectators, they must be treated as such.

MITIGATING CRITERIA OF RESPONSIBILITY.- For the concrete determination of the administrative sanction applicable to the Natural or Juridical Person, responsible for the commission of an infraction and its collaborators, the following criteria must be considered:

• 1)

  Spontaneous repentance, public manifestation of discipline and the performance of gestures of a sports nature that express intention to correct or amend the physical or moral damage inflicted;

• 2)

  Collaboration in locating and reducing violent, racist, xenophobic or intolerant behaviors by clubs and other responsible persons;

• 3)

  Spontaneous and immediate adoption following the infraction, of measures aimed at reducing or mitigating damages derived therefrom;

• 4)

  The existence of intentionality or negligence;

• 5)

  The nature of the damages caused; and,

• 6)

  Recidivism, understood as the commission within the term of one (1) year of another infraction of the same nature declared by Resolution. It is understood that this competence includes declaring temporary disqualification to organize sports events and the temporary closure of this type of facilities.

COMPETENT BODY.- For the purposes of this Law, the administrative-sanctioning power and competence must be exercised by the State Secretariat in the Office of Security, whose effect must obtain prior reports from the event organizing authorities and from the Commission. It is understood that this competence includes declaring temporary disqualification to organize sports events and the temporary closure of this type of facilities.

INITIATION OF THE SANCTIONING PROCEDURE.- The sanctioning procedure for the failure to comply with an obligation or for the violation of the provisions provided, by any of those subject to this Law, may be initiated on its own motion or at the request of any person. The complainant must provide, as the case may be, the evidence available to them, however, they lack the status of a party in the procedure, nevertheless they have the right to be notified of the resolution that is issued, once the procedure is completed.

ADMINISTRATIVE PROCEDURE.- Upon receipt of the complaint, the person responsible for its processing or handling must act on its own motion in the collection of evidence such as: statements, documents, videos, inspections, etc., for which purpose they have a period of ten (10) business days counted from the day following receipt of the complaint or the official initiation of the procedure. Any person accused must be informed of the initiation of the sanctioning procedure against them and, in the exercise of their right to defense, may offer their confession and provide without any formality, the evidence of discharge regarding the fact or act for which they have been accused.

RESOLUTION.- After the ten (10) days provided in the previous Article, within a maximum period of three (3) business days, the Final Resolution must be issued, which at a minimum must contain:

• 1)

  Concise account of the facts reported;

• 2)

  Concise account of the evidence presented;

• 3)

  Responsible parties in a direct manner, if applicable;

• 4)

  Responsible parties in the capacity of collaborators, if applicable; and,

• 5)

  Applicable administrative sanction.

NOTIFICATION.- The resolution referred to in the preceding Article must be notified immediately or no later than the next business day following its issuance, to the complaining party in its case, to the person or entity complained against, to the federal authorities, the clubs or in its case to the entity organizing the event and to the Commission. Likewise, the Sanctioning Resolution must be communicated to the authority responsible for the Central Registry of Sanctions. The notification, the content of the Resolution and the available remedies must be in accordance with the Administrative Procedure Law.

IDENTIFICATION OF THE SANCTIONED SPECTATOR.- For purposes of enforcing the sanction of prohibition of access to Football Stadiums and Sports Facilities, identity verification procedures must be established that shall be executed by members of the security forces and bodies assigned for such legal purposes to such sports venues. In any case, the photograph of the violator must be placed on posters that must be posted at the entrance gates to Football Stadiums and Sports Facilities.

SANCTIONS REGISTRY.- The Sanctions Registry must be subject to the following rules:

• 1)

  The Central Registry of Sanctions in matters of violence and intolerance in football and other sports is hereby created, which is attached to the Secretariat of State in the Office of Security, whose main purpose is to contribute with sports authorities in the control and enforcement of imposed sanctions. The data registered therein must comply with the provisions contained in the legislation relating to the protection of personal data. In any case, the right of persons who are subject to sanctioning resolutions must be guaranteed to be informed of their registration in the Registry and to maintain the same only if necessary for its enforcement.

• 2)

  Every registry entry must contain at minimum the following information:

  • a)

    Place and date of the event, its type and participating organizations;

  • b)

    Identifying information of the sports entity, the event organizer and the individual affected by the violation;

  • c)

    Type of sanction or sanctions imposed, specifying with clarity its temporal scope; and, d) Violation committed by each violator, specifying the Article of the Law in which it is stipulated.

• 3)

  Individuals who have a direct and manifest interest, as well as sports entities, in accordance with the provisions in force on the matter, have access to the data in this Registry, for purposes of collaborating with authorities in maintaining public security on the occasion of competitions or sports events; and,

• 4)

  The Registry must have a section on prohibitions of access to sports venues. CHAPTER VII SPECIFIC DISCIPLINARY REGIME FOR SPORTS AGAINST VIOLENCE AND INTOLERANCE IN FOOTBALL AND OTHER SPORTS

SCOPE OF APPLICATION OF THE DISCIPLINARY REGIME IN FOOTBALL AND OTHER SPORTS.- The disciplinary regime in Football and Other Sports must be subject to the following rules:

• 1)

  Persons linked to a sports federation, through a federative license authorized for participation in national competitions, as well as clubs, sports entities and persons who develop their activity within them, may be sanctioned in accordance with this Law if the violation or non-compliance with the established provisions is demonstrated;

• 2)

  When the persons referred to in the preceding Article attend a test or sports competition in their capacity as spectators, their liability regime must be the one established in this Law, without prejudice to the provisions of sports regulations;

• 3)

  Actions taken by athletes in accordance with applicable technical sports rules shall not be considered as violating conduct; and,

• 4)

  The sanctions contained in this Law are independent and compatible with the measures that the Federal Bylaws and Regulations provide in relation to purely sports actions that must be resolved to ensure the normal development of the respective competition, match or test. It is understood in any case, included in this section the decisions regarding the continuation or not of the match or competition, its repetition, celebration, if applicable behind closed doors, sports results and any others provided for in those rules that are inherent to the organization and governance of the respective sports discipline.

CONCURRENCE OF CRIMINAL AND ADMINISTRATIVE PROCEEDINGS.- The presentation against a person of a complaint before the Public Prosecutor or accusation before the competent courts, for the commission of facts constituting a crime in accordance with the Penal Code and/or special laws, is not incompatible nor considered an obstacle to the processing of an administrative proceeding and its consequent sanction, in accordance with this Law.

STATE EMPLOYEES AND OFFICIALS. APPLICABLE SANCTIONS.- To state employees or officials who, in the performance of their work, fail to comply with any of the responsibilities and obligations established in this Law, in order to prevent violence and intolerance in Football Stadiums and Sports Facilities, the sanctions provided for the organizers of sports events and administrators of their facilities shall apply.

REGULATORY DEVELOPMENT.- The Executive Power, through the Secretariat of State in the Office of Security, must issue regulatory norms both in the specific cases provided for in this Law, as well as in those others that are necessary for the effective implementation of the provisions contained therein, within a period of six (6) months following its publication in the Official Journal "La Gaceta".

ADEQUACY OF SPORTS REGULATIONS.- The Commissions of the sports discipline of football or other sports, in the application of the, must of them within a period of no more than six (6) months; the precise provisions for the issuance or adequacy of their regulations to this Law. Notwithstanding this adequacy, the types of violations and sanctions that this Law establishes are of direct application from the date of its entry into force.

DEADLINE FOR INSTALLATION OF SECURITY AND CUSTODY DEVICES.- The installation of security and custody devices in Football Stadiums and Sports Facilities must be subject to the following rules:

• 1)

  A period of up to ten (10) months is granted, counted from the publication of this Law in the Official Journal "La Gaceta", so that the corresponding authorities proceed with the installation in the sports venues of all security devices ordered in this Law;

• 2)

  The images captured by the security devices installed must be handled solely by the Security Coordinator, who is responsible for its custody and delivery to the competent authorities, in the event that they are presumed to contain evidence of facts constituting crimes, offenses or administrative violations or are requested in accordance with Law.

• 3)

  A maximum period of one (1) year is established for the organizers of sports events and administrators of Football Stadiums and Sports Facilities subject to this Law to install a computerized system for the control and management of ticket sales as well as access to the sports venue, within the period established in this Law; and.

REFORM BY ADDITION OF ARTICLE 27 OF THE PENAL CODE.- Reform by addition Article 27 of Chapter II, of Title IV, of Book One, General Part, of the current Penal Code, contained in Decree No. 144-83 of August 23, 1983, which refers to the circumstances that modify criminal responsibility, which shall henceforth be read as follows: "ARTICLE 27 - The following are aggravating circumstances: 1.-...; 2.-...; 3.-...; 4.-...; 5.-...; 6.-...; 7.-...; 8.-...; 9.-...; 10.-...; 11.-...; 12.-...; 13.-...; 14.-...; 15.-...; 16.-...; 17.-...; 18.-...; 19.-...; 20.-...; 21.-...; 22.-...; 23.-...; 24.-...; 25.-...; 26.-...; and, 27 - Committing the offense within the perimeter of five (5) kilometers before, during and after an event or spectacle held in any Football Stadium or Sports Facility and their surrounding areas regardless of the nature of the event or spectacle".

EFFECTIVE DATE.- This Decree enters into force, as of the day following its publication in the Official Journal "La Gaceta". Done 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 July of two thousand fifteen. ANTONIO CESAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY SARA ISMELA MEDINA GALO SECRETARY To the Executive Power. Wherefore: Execute. Tegucigalpa, M.D.C., September 18, 2015. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE OF THE OFFICE OF THE PRESIDENCY. REINALDO ANTONIO SÁNCHEZ RIVERA