Regulation of the Disciplinary Regime for Persons Deprived of Liberty in the Prison System

Purpose: The purpose of this Regulation is to govern the provisions for the application of the disciplinary regime for persons deprived of liberty in their status as detainees and convicted persons in the centers of preventive and permanent detention.

Objective. The objective of the disciplinary regime is to maintain order and good coexistence without undermining the dignity of the inmates as well as to guarantee the security and good organization of common life among persons deprived of liberty, employees and officials of the National Penitentiary Institute and all persons who visit the penitentiary establishments. In its application, respect for human rights must be guaranteed.

Nature. The disciplinary regime is administrative in nature. The sanction that results from the disciplinary procedure is independent of the criminal action that may arise from the acts committed by persons deprived of liberty.

Definitions: For the purposes of the application and interpretation of this Regulation, the following definitions are provided:

• 1)

  DISCIPLINARY REGIME: The disciplinary regime of persons deprived of liberty shall be directed to guarantee security and order within penitentiary establishments and to obtain an orderly and peaceful coexistence in such a way as to encourage the sense of responsibility and the capacity for self-control as necessary prerequisites for the achievement of the objectives of penitentiary activity, without undermining the dignity of the inmates.

• 2)

  PERSONS DEPRIVED OF LIBERTY: These are those internal persons who are confined by order of the judicial authority in penitentiary establishments.

• 3)

  INTERDISCIPLINARY TECHNICAL COUNCIL: It is a collegial body that, following the opinion of technical personnel, carries out the classification, placement and definition of the treatment of each internal person, based on their comprehensive care needs, defining the plan of immediate actions in the case of detainees and the technical care plan in the case of sentenced persons, and knows, investigates and recommends the sanctions to be applied to internal persons in case of disciplinary infractions, as well as the physical placement in the programs, establishments or areas of the penitentiary system.

• 4)

  TECHNICAL ASSESSMENT: It is the permanent process of observation, care and analysis by the Interdisciplinary Technical Council of the establishment, resulting in the respective opinion.

• 5)

  DISCIPLINARY REPORT: It is the one elaborated when there is a presumption that a disciplinary infraction has been committed, which shall be directed to the Director of the Penitentiary Establishment to attach it to the respective file.

• 6)

  INFRACTION: These are voluntary acts or omissions constituting disciplinary infractions, which may be minor, less serious, or serious. CHAPTER II PRINCIPLES

Legality: No one can be sanctioned for infractions that are not expressly established in this Regulation.

Non-Discrimination. In the application of this regulation, there must be no differential treatment based on prejudices, nor discrimination against persons who arbitrarily and illegally obstruct, restrict, diminish, impede or nullify the exercise of individual and collective rights or deny the provision of professional services on the grounds of sex, gender, age, sexual orientation, gender identity, patrimonial condition or political status, ethnic, civil status, belonging to indigenous peoples and Afro-descendants, language, tongue, nationality, religion, family affiliation, economic or social condition, different capacities or disability, health conditions, physical appearance or any other grounds that violate human dignity.

Integrity of Sanction and Prohibition of Torture and Other Cruel, Inhuman Treatment or Punishment. It is prohibited to apply corporal punishment, solitary confinement in dark cells, the use of coercive measures, reduction of food provided by the Institution, as well as any cruel, inhuman or degrading treatment. No person can be subjected to acts that threaten their life, dignity and physical and psychological integrity. The expression "cruel, inhuman or degrading treatment or punishment" must be interpreted to extend the greatest possible protection against abuse, whether physical or mental, including the detention or imprisonment of a person in conditions that deprive him or her, temporarily or permanently, of the use of any of his or her natural senses such as sight or hearing or of his or her awareness of place and the passage of time.

Proportionality of Sanction. It consists of maintaining the proper balance or proportion between the gravity of the act and the sanction that corresponds to it.

Minimum Affectation. During the disciplinary procedure and the execution of the sanction, the person may be affected in their rights. Prior to recommending the sanction, the Interdisciplinary Technical Council must observe the minimum affectation of progressive penitentiary treatment.

Prohibition of Being Sanctioned Twice for the Same Infraction. Persons deprived of liberty cannot be sanctioned twice for the same infraction. No disciplinary sanction can be applied to any person other than the offender.

Due Process. It integrates all the guarantees that must be observed in the procedural instances so that persons can defend themselves adequately before any act emanating from the State that may affect their rights.

Publicity. It is not enough that the infractions and administrative sanctions exist previously defined in a law, but it is also required that they be known by persons deprived of liberty.

Accumulation of Infractions. If in the action of a person deprived of liberty there is the commission of two or more infractions, it shall be processed in a single procedure and the sanction corresponding to the infraction of greater gravity shall be imposed.

Administrative and Judicial Instance. In accordance with the procedural rules described in this Regulation, the National Director of the National Penitentiary Institute shall have administrative supervision over the issuance of resolutions when this is appealed before the same in accordance with Article 16, numeral 11) of the National Penitentiary System Law. Upon completion of the administrative procedure, the person deprived of liberty may file a claim before the Judge of Execution. CHAPTER III RIGHTS AND DUTIES SECTION I RIGHTS OF PERSONS DEPRIVED OF LIBERTY

General Principle. Every person deprived of liberty enjoys the same individual, social, economic and cultural rights as those held by the inhabitants of the Republic, except those that are restricted or temporarily suspended by judicial mandate in accordance with Law.

Right of Petition. Every person deprived of liberty has the right to direct petitions and/or complaints to public authorities or internal or external private entities of the National Penitentiary System, on any matter, in a respectful manner and to obtain a timely response. It must be a formal and open procedure without any type of fear of reprisals.

Right to Health. Every person deprived of liberty has the right to receive comprehensive medical assistance (physical and mental), including women's sexual and reproductive health, to have safe sexual relations and access to family planning services and to be transferred to the public Hospital Center where he or she will receive care or to attend a private hospital center of his or her choice, when the person deprived of liberty has the economic means, except in cases where public medical assistance does not exist and with the appropriate security measures.

Sexual Rights. Every person deprived of liberty has the right to freedom, autonomy, integrity, security, and sexual privacy.

Right to Communication with Authorities. Persons deprived of liberty have the right to maintain direct communication with the different authorities that participate in their technical assessment and to be informed about the agreements that the Interdisciplinary Technical Council and the National Directorate of the National Penitentiary Institute issue in relation to their disciplinary situation. Likewise, persons deprived of liberty have the right to communicate through legible written correspondence and controlled public telephones installed in the penitentiary establishment.

Right to Culture. Persons deprived of liberty have the right to culture, with the objective of satisfying recreation and the occupation of free time.

Right to Life and Security of the Person.

Right to Freedom of Conscience and Thought.

Right to Freedom of Worship.

Right to Information. Persons deprived of liberty have the right to read newspapers, books, and educational magazines. They must be informed about what their rights and obligations are on a continuous, oral, and simple basis.

Right to Conjugal Visit. Persons deprived of liberty have the right to receive conjugal visits in accordance with applicable provisions and the conditions of each establishment.

Right to Education. Persons deprived of liberty have the right to formal and informal education, in order to prepare them for work in civic life.

Right to Work. Persons deprived of liberty have the right to work and to freely choose their occupation, with no more limitations than those derived from their personal and institutional situation.

Right to Motherhood. Women deprived of liberty who are pregnant or in the lactation period have the right to exercise and fully live their motherhood under adequate conditions from the time of conception, during pregnancy, childbirth, childcare, and the development of the child.

Right to Community and Family Integration. Persons deprived of liberty have the right to interrelation with their family and community support with no more limitations than those strictly necessary.

Right to Organization. Persons deprived of liberty may organize themselves for lawful purposes that contribute to developing their potential and cultural, educational, sports, and craft skills; assume social roles and responsibilities, provided that their location and institutional situation permit, within existing regulations.

Right to adequate cohabitation. Persons deprived of liberty have the right to an adequate environment for communal living, with no more limitations than those strictly necessary. The rights enumerated above do not restrict, diminish, or misrepresent the rights established in the Constitution of the Republic, Treaties and Conventions on Human Rights ratified by Honduras. SECTION II DUTIES OF PERSONS DEPRIVED OF LIBERTY

Respect for fundamental rights. Persons deprived of liberty must respect the life, health, physical and moral integrity, security, and belongings of their fellow inmates and inmates, personnel of the establishment, and visitors.

Respect for adequate cohabitation. Persons deprived of liberty must maintain among themselves, with visitors and personnel of the penitentiary establishment a relationship of respect, discipline, and good treatment, in order to achieve adequate cohabitation. Likewise, they must respect the rest and recreation times of their fellow inmates.

Respect for property and facilities. Persons deprived of liberty must maintain order, cleanliness, hygiene, and sanitation, as well as the preservation of goods and facilities of the penitentiary establishments where they are confined.

Duty to deposit valuables. Persons deprived of liberty are obligated to deposit under the custody of the administration of the penitentiary establishment their valuables and cash money, in accordance with the provisions in force. CHAPTER IV DUTIES OF THE PENITENTIARY ADMINISTRATION

Fundamental duties. It is the responsibility of the Penitentiary Administration to protect all persons against torture and other cruel, inhuman, or degrading treatment, to ensure the security, physical integrity, psychological integrity, moral integrity, peace, health, education, work, food, and others in accordance with the Law, applying the provisions of the Penitentiary System.

Duty of cohabitation. In penitentiary establishments, a level of cohabitation shall be promoted that facilitates, to the extent possible, social interaction, the development of the potential of persons deprived of liberty, as well as their integration into the social environment. The charging of privileges within penitentiary establishments is prohibited.

Duty of respect and good treatment. Personnel of the National Penitentiary Institute must maintain dignified, decent, human, and fair treatment with persons deprived of liberty.

Allow persons deprived of liberty the opportunity to take advantage of progressive individual treatment programs during their prison sentence so that they may reintegrate into society when they are released. CHAPTER V COMPETENT BODY FOR APPLYING SANCTIONS.

Administrative decision body. The authority to apply the disciplinary system is vested in the Director of the Penitentiary Establishment, upon recommendation of the Interdisciplinary Technical Council of each penitentiary establishment. Its functions are:

• 1)

  To be informed of the existence of a verbal, written, or third-party complaint filed with the director, to classify it, and to conduct the investigation;

• 2)

  Once investigations have been conducted, to summon in legal and proper form the person deprived of liberty and to inform them of the existence of a complaint against them for the alleged commission of a disciplinary infraction and to inform them of the rights that assist them;

• 3)

  To guarantee due process;

• 4)

  To conduct the hearing;

• 5)

  To issue the respective resolution;

• 6)

  To bring to the knowledge of the National Director and the Execution Judge every sanction imposed in accordance with the recommendations contained in the opinions issued by the Interdisciplinary Technical Council;

• 7)

  To remit a copy of the case file to the Execution Judge when requested, if a complaint is filed against a disciplinary sanction; and,

• 8)

  All others that by provision of the office correspond, even if not expressly regulated in this regulation.

Interdisciplinary Technical Council. The Interdisciplinary Technical Council is responsible for investigating complaints regarding the commission of disciplinary infractions and is competent to recommend to the Director of the Penitentiary Establishment the application of the sanction to be imposed.

Body with supervisory competence. The Inspector General of the National Penitentiary Institute has the authority to supervise compliance with the time periods of the disciplinary procedure for the issuance of a resolution. The resolution of the disciplinary procedure, issued by the Interdisciplinary Technical Council and signed by the Director of each penitentiary establishment, may be appealed before the National Director, who affirms or revokes; subsequently it corresponds to the Execution Judge to hear and issue the respective resolution. CHAPTER VI INFRACTIONS AND SANCTIONS. SECTION I INFRACTIONS.

Classification of infractions. Infractions are classified into:

• 1)

  Minor infractions;

• 2)

  Less serious infractions; and 3) Serious infractions.

Minor infractions are:

• 1)

  Failing to show respect to personnel of the National Penitentiary Institute, to other persons deprived of liberty, and others who are in the penitentiary establishment, through the use of words or phrases that offend personal dignity;

• 2)

  Failing to respond when roll call is taken;

• 3)

  Failing to respect scheduled schedules related to the functioning, order, discipline, and security of the penitentiary system; as well as failing to obey instructions and convocations for the development of various activities, except for duly justified reasons;

• 4)

  Smoking in unauthorized places or times;

• 5)

  Failing to comply with personal hygiene and the care of their surroundings;

• 6)

  Failing to line up in order when obtaining meals;

• 7)

  Late arrivals and unjustified absence from their assigned program or activity; except for persons with mental disabilities; and,

• 8)

  Remaining in unauthorized places;

Less serious infractions are committed by persons who:

• 1)

  Commit three or more minor infractions in a period of sixty (60) days;

• 2)

  Instigate violent collective disorders without achieving the objective;

• 3)

  Violation of night silence, disturbance of harmony and environment with shouting or high volume from sound devices or instruments;

• 4)

  Failing to wear their assigned distinctive uniform;

• 5)

  Throwing away food and destroying utensils as a sign of disobedience;

• 6)

  Failing to contribute to the performance of hygiene, sanitation, order, and security tasks;

• 7)

  Violating another's correspondence;

• 8)

  Displaying obscene acts or others that denigrate morality before fellow inmates and visitors;

• 9)

  Refusing medical evaluation and medical assistance upon entry or re-entry to the penitentiary establishment and those required for preventive health purposes;

• 10)

  Failing to comply with the norms of personal search procedures or of their belongings, counts, searches, lockups, unlocking, or with regulations governing access or permanence in the various sectors of the penitentiary establishment;

• 11)

  Diverting prescribed medicines to a purpose other than that indicated;

• 12)

  Attempting against their physical integrity;

• 13)

  Manufacturing unauthorized objects for themselves or for third parties;

• 14)

  Taking without authorization goods, food, equipment, and materials of the penitentiary establishment for personal or collective use;

• 15)

  Organizing or participating in games of chance, betting, or gambling or other prohibited economic transactions;

• 16)

  Causing minor or minimal damage intentionally to facilities, educational, work or health materials, as well as those intended for the infrastructure of the penitentiary establishment or to the belongings of other persons; and,

Serious Offenses: Persons commit serious offenses when they:

• 1)

  Introduce, manufacture, distribute or carry sharp objects, cutting objects, white or firearms, gases, toxic substances or explosives of any kind;

• 2)

  Attempt, collaborate, consummate or participate in plans, riots, activities or disorders whose purpose is escape or alteration of order within the penitentiary facility;

• 3)

  Cause considerable damage and render unusable materials, equipment or infrastructure of the penitentiary facility that are intended for its proper administration and operation, without prejudice to compensation;

• 4)

  Disobey indications or orders received from an authority or official in the legitimate exercise of their functions as well as legal norms established regarding order, security and conduct within penitentiary facilities;

• 5)

  Introduce or distribute in the penitentiary facility objects not authorized by the authorities;

• 6)

  Negotiate or sell spaces that have been arbitrarily used by persons deprived of liberty in the areas or spaces of the general compound;

• 7)

  Threaten, attack or coerce officials, penitentiary employees or other persons;

• 8)

  Perform tattoos on fellow inmates;

• 9)

  Fail to comply with regulations and legal provisions of the authorities;

• 10)

  Introduce, produce, consume, transport, distribute or sell alcoholic beverages, substances or drugs, narcotics, psychotropic or similar substances;

• 11)

  Execute actions that are potentially dangerous for transmitting diseases to other persons;

• 12)

  Cause work accidents or of any other nature that causes harm to other persons;

• 13)

  Possession or introduction of photographic or video cameras, mobile telephones, recording devices, computers, binoculars, intercoms, digital devices and similar items. The penitentiary authority shall proceed to their seizure and subsequent referral to the competent authority;

• 14)

  Possession of household electrical appliances without authorization;

• 15)

  Enter or remain in the penitentiary facility in a state of intoxication or under the effects of drugs or narcotic and/or psychotropic substances, inhalants, on the occasion of authorized departures in accordance with regulations in this matter;

• 16)

  Bribe or blackmail another inmate, visitor or penitentiary employee;

• 17)

  Divulge news, background or false data, with the purpose of undermining the security of the penitentiary facility;

• 18)

  Adulterate food or medicines in a manner dangerous to health;

• 19)

  Meet or group together to plan or carry out unauthorized acts, suitable for disrupting institutional order and security or to provoke imminent danger to officials, penitentiary personnel, persons deprived of liberty and other persons;

• 20)

  Attempt to introduce or remove objects of prohibited use evading regulatory controls;

• 21)

  Threaten physically, psychologically or sexually another person;

• 22)

  Commit rape, statutory rape and other sexual offenses;

• 23)

  Take, sell, acquire or illegally conceal belongings of other inmates, penitentiary facility personnel and visitors from other institutions;

• 24)

  Instigate or participate in fights with other persons;

• 25)

  Originate attitudes in visitors or other persons tending toward violation of regulatory norms;

• 26)

  Discourage, interfere with or prevent other inmates from exercising their rights to work, education, social assistance, spiritual and family and social relations;

• 27)

  Effect without authorization electrical, telephone or water connections;

• 28)

  Cause death or injuries to any other person;

• 29)

  Collective petition, direct or indirectly using violence or intimidation;

• 30)

  Display aggressive behavior within the facility inciting or participating in brawls;

• 31)

  Frighten or intimidate physically or psychologically other persons deprived of liberty so that tasks are performed in their place or for their personal benefit;

• 32)

  Use equipment of any kind or machinery without proper authorization; and,

• 33)

  Any other offense not established in this Regulation that substantially affects the functionality of the penitentiary facility and the rights of persons deprived of liberty. SECTION II SANCTIONS.

Sanctions. The sanctions to be imposed for each offense are only those described in Article 56 of the National Penitentiary System Law, in the event that such offenses constitute a crime, referral shall be made to the competent authority without extinguishing the administrative sanction for the commission of the related act.

Minor Offenses. Shall be sanctioned with:

• 1)

  Private admonition, verbal or written.

• 2)

  Deprivation of participation in recreational activities.

• 3)

  Execution of extraordinary hygiene services.

Less Serious Offenses. Shall be sanctioned with:

• 1)

  Temporary suspension of responsibility as auxiliary of trust.

• 2)

  Partial or total suspension of benefits, incentives and rewards obtained in accordance with regulations.

• 3)

  Temporary suspension of departures or permits authorized by Law.

• 4)

  Temporary suspension of conjugal visit.

• 5)

  Temporary suspension of family or friends visits.

Serious Offenses. Shall be sanctioned with:

• 1)

  Transfer to the maximum security regime of the same facility.

• 2)

  Transfer to another penitentiary facility with mixed security regime.

• 3)

  Transfer to penitentiary facility in which only maximum security regime exists.

• 4)

  Regression to the immediately preceding period or phase of treatment.

Description of Sanctions. The sanctions described in each classification of offenses shall consist of the following: 1. Private admonition, verbal or written, which shall be incorporated into the penitentiary file of the person deprived of liberty. 2. Deprivation of recreational activities: consists of preventing the person deprived of liberty from witnessing and participating in recreational activities, such as artistic performances, sporting events, radio or television broadcasts, or similar activities for up to seven (7) days, prior to opinion and resolution of the Interdisciplinary Technical Council. 3. Execution of extraordinary hygiene services: consists of imposing on the person deprived of liberty extraordinary cleaning tasks in the installations of the penitentiary facility, as well as the execution of services for the conservation and promotion of health carried out by medical units pursuant to the National Penitentiary System Law, its General Regulation and this regulation. The sanction period shall not exceed fifteen (15) days, prior to opinion and resolution of the Interdisciplinary Technical Council. 4. Temporary deprivation of conjugal, family or friends visits: comprises the prohibition of maintaining intimate visit with their spouse or household partner(s). As well as receiving visits from family members or friends. In this case of the spouse must be registered in the respective book. The sanction shall consist of deprivation of conjugal visits from two (2) to eight (8) visits, prior to opinion and resolution of the Interdisciplinary Technical Council. The temporary prohibition of visits by family members or friends shall observe the same terms established for conjugal visits, prior to opinion and resolution of the Interdisciplinary Technical Council. 5. Temporary suspension of responsibilities as auxiliary of trust: is that by which the Director of the Penitentiary Facility suspends the person deprived of liberty from performing tasks or activities within or outside the facility that were delegated to him in view of his discretion. This deprivation shall be from fifteen (15) to thirty (30) days, prior to opinion and resolution of the Interdisciplinary Technical Council. 6. Partial or total suspension of benefits, incentives and rewards obtained in accordance with regulations: are those measures by which the Management of the Penitentiary Facility suspends partially or totally the benefits, incentives and rewards that the person deprived of liberty has obtained in accordance with regulations, prior to opinion and resolution of the Interdisciplinary Technical Council, such as:

• a)

  Grant of extraordinary visits.

• b)

  Grant of extraordinary communications;

• c)

  Exemption from work in other public services, replacing them with work within the Penitentiary facility;

• d)

  Advancement to the following period of the progressive regime; and.

• e)

  Additional departures or permits. 7. Temporary suspension of departures authorized in accordance with Law: Comprises the temporary suspension of departures provided for in Article 56 numeral 7) of the National Penitentiary System Law. The temporary suspension from fifteen (15) to thirty (30) days of the pre-release departures that the person deprived of liberty enjoys, prior to opinion and resolution of the Interdisciplinary Technical Council. 8. Regression to the immediately preceding period or phase of treatment: Shall be a sanction that shall be imposed mandatorily with the opinion of the Interdisciplinary Technical Council. In any case this measure shall be applicable for a maximum period of 6 months. 9. Transfer to the maximum security regime of the same facility: The person deprived of liberty shall be transferred to the maximum security regime in the same penitentiary facility, when so recommended by the Interdisciplinary Technical Council, in accordance with opinion and resolution which shall contain the period and the treatment to be applied. This measure shall be applicable only in facilities where maximum security installations exist and shall be applicable for a maximum period of 6 months. 10. Transfer to another penitentiary facility with maximum security regime: The person deprived of liberty in minimum or medium security regime shall be transferred to a maximum security facility for the commission of serious offenses. In any case this measure shall be applicable for a maximum period of 6 months and shall provide corresponding professional care. 11. Transfer to the penitentiary facility in which only maximum security regime exists: The person deprived of liberty in minimum or medium security regime shall be transferred to a maximum security facility for reincidence in the commission of serious offenses. In any case this measure shall be applicable for a maximum period of 6 months and shall provide corresponding professional care. CHAPTER VII GUARANTEES AND DISCIPLINARY PROCEDURE SECTION I GUARANTEES.

Presumption of Innocence. No person subject to a disciplinary proceeding shall be considered responsible until the corresponding proceeding is exhausted.

Due Process. Every action of the Interdisciplinary Technical Council in the development of its investigative powers that requires interaction with the person deprived of liberty to whom the alleged commission of an offense is attributed, shall follow due process and may have the presence of a witness of their choice. When the case warrants it for reasons of language, idiom and disability (deaf-mute and blind) an interpreter shall be provided to the person deprived of liberty.

Challenge. Any resolution of the Interdisciplinary Technical Council of the facility that implies the imposition of a disciplinary sanction may be challenged through the filing of a complaint before the competent body. SECTION II DISCIPLINARY PROCEDURE

Complaints. Complaints for the commission of offenses may be presented to the director of the penitentiary facility or to the Interdisciplinary Technical Council who shall make it known to the director of the facility. Complaints may be presented in writing or verbally, in the latter case a complaint report shall be drawn up to account for the initiation of the corresponding proceeding.

Investigation. In complaints where the person has been discovered in the act constituting an offense, the Director of the facility may issue a resolution after listening to the person deprived of liberty and without the need to order an investigation. In any case a copy of the proceedings must be sent to the Execution Judge. In the event that the Director of the facility determines the necessity to investigate, the Interdisciplinary Technical Council shall develop the investigation when ordered by the Director of the facility. The Interdisciplinary Technical Council shall have a maximum period of ten (10) business days to obtain the necessary information.

Hearing. Once the ten (10) day period for preparation of the defense is exhausted, the director of the facility shall immediately notify the Interdisciplinary Technical Council and the accused, so that they appear with their witness at an oral hearing where both may present their arguments for and against the charges, as well as present any information they consider necessary. In this hearing the Interdisciplinary Technical Council shall issue its recommendation for sanction. All proceedings shall be documented in the record.

Notification: All notifications shall be made at the time of the hearing or the day after each proceeding. It shall be verbal and in writing. If the person deprived of liberty refuses to be notified, a record shall be drawn up noting this situation with the attendance of two witnesses to the notification made.

Resolution. The director of the penitentiary facility, having heard the parties, shall issue its resolution within five (5) business days following. The resolution shall contain the reasons for which the sanction is or is not applied, the time in which it must be served. In no case shall a sanction be applied that could affect the physical or mental health of an inmate. In any case the Interdisciplinary Technical Council shall order that the physician of the facility visit the sanctioned person daily and report to the Director if he considers it necessary to end or modify the sanction for reasons of physical or mental health.

Challenge of the Resolution. Once the resolution of the Director of the penitentiary facility is issued and the person deprived of liberty is notified, they shall have ten (10) business days to challenge it. The challenge shall be filed before the National Director, who shall issue the Resolution that shall exhaust the administrative disciplinary channel in accordance with the Law. CHAPTER VIII PUBLICITY OF PROCEEDINGS.

Public Access to Proceedings. During the processing of the disciplinary proceeding, only the Director of the Penitentiary Establishment, the members of the Interdisciplinary Technical Council, and the accused shall have access to the information of the proceeding. The Execution Judge may request at any time and phase information regarding disciplinary proceedings and their actions. Likewise, the National Commissioner of Human Rights, the National Committee for the Prevention of Torture, Cruel, Inhuman or Degrading Treatment, and the Secretariat of State in the Offices of Human Rights, Justice, Governance and Decentralization may access the information contained in the disciplinary files.

Progressive Implementation. The disciplinary regime is mandatory and of progressive application in all penitentiary establishments. The National Penitentiary Institute must provide all establishments with qualified personnel for the effective compliance with this Regulation.

Promotional Measures. For the peaceful coexistence of persons deprived of liberty among themselves and with penitentiary officials, the Directors of the penitentiary establishments shall promote among their staff and the internal persons non-discrimination, equality, and respect for the dignity of all persons.

This Regulation shall enter into force upon its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, on the twelfth (12) day of the month of November of the year two thousand fifteen (2015). LAWYER RIGOBERTO CHANG CASTILLO PRESIDENT BOARD OF DIRECTORS NATIONAL PENITENTIARY INSTITUTE COLONEL OF INFANTRY D.E.M. ORLANDO FRANCISCO GARCIA MARADIAGA SECRETARY BOARD OF DIRECTORS NATIONAL PENITENTIARY INSTITUTE