302 Honduras HONDURAS 1 I. General Information Honduras is a unitary state divided into eighteen departamentos with an area of 112,090 km 2. In 2005, the country had 7,347,000 inhabitants, a 13.3% increase since 2000. In the same year, ECLAC figures show that 47.9% of the population lived in urban areas. 2 The population is expected to increase 11.6% by 2010. 3 Also in 2005, 39.1% of the populace belonged to the 0-14 age group and the rest was divided as follows: 36% between 15 and 34, 14.3% between 35 and 49, 6.8% between 50 and 64, and 3.7% aged 65 and older. In the 2001 Census, 7.2% of the population identified themselves as part of an indigenous or Afro-Honduran ethnic group. 4 In 2003, 74.8% of the population lived below the poverty line and 53.9% lived in extreme poverty, a 3.2% and 0.9% decrease, respectively, over 2002. 5 In the Human Development Index, Honduras ranked 117 th, in the medium human development group. 6 The country s Gini Coefficient in 2003 was 0.587. 7 The unemployment rate in urban areas was 6.9% 8 in 2005 and it was estimated that 22% of adults over 15 were illiterate. 9 GDP in 2005 was US$8,586 million, while per capita GDP stood at US$1,190 for the same year, a 38.4% increase since 2000. 10 GDP per capita in 2004 (rated for purchasing power parity) was US$ 2,876. 11 II. Judicial System Highlights 2. Judicial Branch In November, 2006, the Organization and Functions Manual (Manual de Organización y Funciones) and the new Public Defense Regulation (Reglamento de la Defensoría) were presented to the Supreme Court Plenary. A preliminary draft of the Civil Procedure Code was developed. It includes provisions for oral and public trials as well as simplified and reliable judicial procedures. III. Institutions 1. Overall Structure and Operation of the Judicial System The justice sector is composed of the Judicial Branch, Ministry of Government and Justice, Public Ministry, and the Public Defense Service. The Judicial Branch includes the Supreme Court, the courts of appeals, and the ordinary courts. 2.1. Institutional Structure The Judicial Branch is divided into three areas: Judicial, Auxiliary, and Administrative. The Judicial Area is composed of courts and tribunals (juzgados, tribunales and cortes) which are responsible for hearing and resolving cases as provided by law. The Supreme Court is the final instance and is the highest body in the Judicial Branch. It is located in the capital and staffed by fifteen justices who are elected by Congress based on a shortlist submitted by the Nominating Committee. The Chief Justice is elected to a seven-year term. The Supreme Court is responsible for: Organizing and directing the Judicial Branch. Appointing magistrates to the courts of appeals and judges to the ordinary courts, based on recommendations from the Judicial Career Council. 1 This report was based on information submitted by the Supreme Court (Corte Suprema de Justicia) and the Public Defense Service (Servicio Nacional de Defensa Pública).
Report on Judicial Systems in the Americas 2006-2007 303 Hearing processes involving high government officials when Congress has declared that they are well-founded. The courts of appeal hear appeals of sentences issued by first instance courts as well as requests for protection involving the acts of regional authorities. Trial courts (juzgados de letras) hear cases in civil, criminal, labor, family, juvenile, domestic violence, tenancy, and contentious-administrative areas. They also act as a second instance for the appeal of rulings handed down by the peace courts. The peace courts have jurisdiction in certain civil, criminal, and domestic violence cases. In the civil area they hear small claims cases not exceeding 50,000 lempiras. 12 In the criminal jurisdiction they hear misdemeanor cases and grant authorization for specific tasks in the absence of the trial judge in that locality. In domestic violence cases they hear matters under their territorial jurisdiction, while the mixed peace courts hear cases in civil, criminal, and domestic violence. The Auxiliary Area is composed of units that offer services to those that require legal aid, and protection of their right to justice and legal defense as guaranteed by the Constitution through the National Directorate of Public Defense. It also includes the General Inspectorate of Courts and Tribunals (Inspectoría General de Juzgados y Tribunales), which receives citizens complaints regarding judges and other judicial officials who they feel have violated their right to due process. The Administrative Area offers technical and logistical assistance, providing supplies and other goods and services required by Judicial Branch units in their day-to-day operation. Table 1 Number of Judges in the Judicial Branch (2006) Courts Number Courts of Appeal 12 Criminal Trial Court 13 9 Enforcement Courts 9 Supreme Court Chambers 4 Mixed Trial Courts 36 Specialized Trial Courts 41 Peace Courts 329 Source: Electronic Center of Judicial Documentation and Information. 2.2. Government and Management The administrative activities of the Judicial Branch are conducted by the Administrative Directorate, which implements regulations and laws that efficiently regulate, coordinate, make use of, and control the economic resources, materials and services assigned to the units of the Judicial Branch. 2.2.1. Administrative Directorate of Judicial Career Personnel The Military Junta created the Judicial Career Law through Decree 953, which makes reference to the following agencies: Judicial Career Council Administrative Directorate of Personnel Personnel Recruitment Commission The Administrative Directorate of Personnel was formed as an executive entity in charge of implementing this law. Its purpose was to strengthen the administration of Judicial Branch personnel by establishing: A classification system for work positions, salaries, recruitment and selection of personnel, and other aspects. A guarantee of equal opportunity to access to job positions, without discrimination by race, color, religion or political affiliation. 2.3. Transparency, Accountability, and Access to Information The Judicial Branch has a Virtual Judicial Documentation and Information Center (Centro Electrónico de Documentación e Información Judicial) that is responsible for organizing, analyzing, classifying, filing, digitalizing, publishing, and releasing any pertinent institutional documents and information. This Center systematizes and releases updated case law and Supreme Court regulatory decrees, thereby contributing to transparency, education, and judicial security. Likewise, all new Judicial Branch hires must submit a Sworn Statement of Assets before the High Court of Accounts in order to prevent illicit enrichment. Public policies on this issue are set forth in the Administrative Probity Law.
304 Honduras 2.4. Legal Aid The National Directorate of Public Defense offers free legal aid to adults and juveniles who break the law and do not have the economic means to hire a private attorney. This service, which is provided by the Judicial Branch, is offered when charges are filed and continues until the effects of the criminal accusations cease. 2.5. Reform Projects Underway 14 The Judicial Branch has carried out various projects aimed at modernizing justice administration through the implementation of institutional and legal reforms, the improvement of services, the increase of citizen participation in the legal process, and professionalizing the Judicial Career. 2.6. Budget The 2006 Judicial Branch budget represent an 8% increase over the previous year. Matters Table 3 Judges by Subject Matter Judges and Magistrates Criminal Court 6 Civil Court 3 Labor Court 9 Contentious-Administrative Court 3 Mixed Courts 24 Enforcement Courts 13 Sentence Tribunals 56 First Instance Criminal 45 First Instance Civil 20 First Instance Civil Non-Contentious 5 First Instance Family 11 First Instance Domestic Violence 2 First Instance Juvenile 19 First Instance Labor 10 First Instance Tenancy 3 First Instance Administrative Tax 2 First Instance Contentious-Administrative 4 Table 2 Judicial Branch Budget 15 Year In local currency (lempiras) In current U.S. dollars 2006 $1,069,274,800 $56,188,901 2005 $986,631,100 $51,846,090 2004 $789,300,000 $41,476,615 2003 $660,000,000 $34,682,080 2002 $596,688,431 $ 31,355,146 Source: Judicial Branch. In nominal terms, the budget grew by 79% between 2002 and 2006, with an annual average growth rate of 16%. 2.7. Human and Material Resources The Judicial Branch includes 575 judges and magistrates. Most judges hear cases related to a variety of matters in the peace jurisdiction. Criminal Peace 35 Civil Peace 31 Mixed Peace 274 Total 575 Source: Electronic Judicial Documentation and Information Center. Of the 575 judges, 493 are men and 82 (14.3%) are women. The amount of support staff in the Judicial Branch remained unchanged in 2005 and 2006, including process-servers, court reporters and filing clerks. With respect to 2004, there was a 1% variation. Table 4 Support Staff Year Process-servers Reporters Filing clerks 2006 200 669 133 2005 200 669 133 2004 198 662 131 Source: Electronic Judicial Documentation and Information Center.
Report on Judicial Systems in the Americas 2006-2007 305 Table 5 Evolution of Support Staff and Judges 2006 2005 2004 Magistrates of Courts of Appeal 36 36 36 Assistant Magistrates of Courts of Appeal 7 7 7 Alternate Magistrates of Courts of Appeal 5 5 5 Judges of First Instance Courts 213 213 209 Judges of First Instance Tribunals 68 68 52 Judges of Executing Courts 13 13 13 Judges of Peace Courts 331 331 331 Public Defenders 244 244 243 Inspectors of Tribunals 45 45 45 Court Clerks 12 12 12 First Instance Court Clerks 48 48 48 Enforcement Court Clerks 9 9 6 Sentencing Tribunal Clerks 15 13 8 Deputy Court Clerks 45 45 44 Peace Court Clerks 330 330 330 Total 1,421 1,419 1,389 Source: Electronic Judicial Documentation and Information Center. The Judicial Branch was equipped with 978 computers in 2005, and 41% more the next year when 1,378 new PCs were installed. As of 2005, none of these computers had Internet connections, but in 2006, 440 computers were connected to the web. 2.8. Case Movement Statistical records in the Judicial Branch have always been organized according to subject matter and tribunal, but ever since the Electronic Judicial Documentation and Information Center (CEDIJ) was created the statistics area grew in importance through the implementation of a system that gathers statistical data using specially designed forms. By 2007, software will be implemented to collect judicial information that will enhance the timeliness and reliability of the statistical data generated. Table 7 shows that the number of cases filed increased between 2003 and 2005 but decreased by about 20,000 in 2006. The results for cases resolved were similar. Of the cases filed in 2006, 60% were filed in First Instance Tribunals, 31.5% in Peace Courts, 5.3% in Courts of Appeal, and 3.2% in the Supreme Court. 3. Public Prosecutor s Office 3.1. Institutional Structure The Public Prosecutor s Office (Ministerio Público) operates independently from all three government branches and covers the entire country. Its main purpose is to investigate and prosecute public crimes, oversee sentence enforcement, and ensure that the jurisdictional agency strictly abides by the Constitution and laws. The agency serves as the representative, defender, and protector of the interests of society before the courts. Public prosecutors shall always act as delegates of, and be subject to, the Attorney General of the Republic. Nevertheless, the Attorney General may at times act directly and personally in matters of public interest. Internally, the Public Prosecutor s Office operates the Forensic Medicine Agency (Dirección de Medicina Forense), whose mission is to support the criminal investigation team and the prosecutorial and judicial apparatus in the application of justice, by issuing impartial and objective statements based on scientific criteria and analysis. Its main offices are located in Tegucigalpa and it has a regional office with four departments (Clinical Forensics, Forensic Pathology, Mental Evaluation and the Forensic Sciences Laboratory) in San Pedro Sula. It also has local offices in 24 cities. 16 The Public Prosecutor s Office has 10 special prosecutor offices: Public Prosecutor s Office on Organized Crime (Fiscalía Contra el Crimen Organizado): Composed of five units focusing on money laundering, kidnapping, drug trafficking, robbery, and assault. Public Prosecutor s Office for Human Rights (Fiscalía de Derechos Humanos). Public Prosecutor s Office against Corruption (Fiscalía Contra la Corrupción): Composed of a special prosecutor, 13 assistant prosecutors, three clerks, two file clerks, two office clerks, 14 auditors, and one counselor in administrative law. Sub-divided into three units, this Office handles investigations of corruption in the public administration, investigates financial crime, and analyzes and follows up on cases. 17 Public Prosecutor s Office for Environmental Issues (Fiscalía del Medio Ambiente).
306 Honduras Table 6 Case Movement 2003-2006 (Estimated) 2003 2003 2004 2004 2005 2005 2006 2006 (estimate) (estimate) Matter Cases Cases Cases Cases Cases Cases Cases Cases Filed Resolved Filed Resolved Filed Resolved Filed Resolved Civil Chamber 487 446 559 352 362 648 453 361 Criminal Chamber 1,016 911 1,295 928 959 1,011 573 505 Labor Chamber 481 541 658 572 405 516 885 1,218 Constitutional Chamber 850 1,024 750 1,012 1,419 2,082 230 259 Civil Court 1,926 1,294 2,208 1,751 1,881 1,456 1,451 1,104 Criminal Court 2,429 2,271 1,152 1,854 2,027 1,740 1,079 1,424 Labor Court 891 682 1,173 1,076 932 923 780 706 Contentious-Administrative Court 229 209 272 264 236 211 221 233 First Instance Civil 7,569 3,219 7,578 10,487 7,275 7,062 5,687 3,239 First Instance Non-contentious Civil 5,133 3,194 4,918 3,139 6,602 4,564 5,658 4,579 First Instance Criminal 6,731 3,279 9,188 5,587 9,097 5,407 5,917 3,647 First Instance Labor 2,364 2,038 2,135 2,191 2,208 1,787 1,990 1,337 First Instance Family 9,791 3,516 8,625 3,036 10,763 4,031 7,965 3,329 First Instance Juvenile 3,539 3,409 3,273 3,317 3,946 2,969 3,639 2,369 First Instance Contentious- Administrative 356 285 329 427 307 317 770 260 First Instance Administrative Tax Court 0 0 0 0 15 6 22 20 First Instance Domestic Violence 8,687 1,756 10,415 1,870 10,515 3,086 6,558 1,728 First Instance Tenancy 445 322 511 425 587 541 344 373 Sentencing Tribunal 1,487 961 2,117 1,603 2,383 1,312 1,506 805 Peace Courts 14,799 7,944 18,537 9,347 24,199 10,638 21,000 11,735 Total 69,210 37,301 75,693 49,238 86,118 50,307 66,728 39,231 Source: Electronic Judicial Documentation and Information Center. Public Prosecutor s Office for Children and the Physically Disabled (Fiscalía de la Niñez y Discapacitado): Comprised of a special prosecutor, four prosecutors assigned to the area of young offenders, five prosecutors to minors involved in or victims of crimes committed by adults, one prosecutor for cases involving the death of minors by execution, and one prosecutor for pending cases that began under the old Criminal Procedural Code. The team also includes three clerks, one file clerk, one assistant prosecutor, two social workers, and two psychologists. Public Prosecutor s Office for Consumer Protection and Senior Citizens (Fiscalía de Protección al Consumidor y Tercera Edad). Public Prosecutor s Office for Women s Issues (Fiscalía de la Mujer): Divided into criminal, domestic violence and psycho-social areas. 18 Public Prosecutor s Office of Ethnic Groups and Cultural Heritage (Fiscalía de Etnias y Patrimonio Cultural). Public Prosecutor s Office for the Defense of the Constitution (Fiscalía de Defensa a la Constitución). Public Prosecutor s Office of Appeals (Fiscalía de Impugnaciones). The Attorney General has a regional prosecutor s office for ordinary offenses that was created in 2002 when the new Criminal Procedural Code came into effect. It handles crimes such as robbery, fraud, rape and homicide and is led by a Chief Prosecutor. The agency is
Report on Judicial Systems in the Americas 2006-2007 307 divided into two sections that handle cases related to the 1984 Code or the 2002 Code. The latter is divided into an investigative or instructional area and an oral trial area. The Public Prosecutor s Office has the following responsibilities, among others: To represent, defend, and protect the general interests of society To contribute to and safeguard the prompt, direct, and effective administration of criminal justice, especially in the investigation of crimes. To ensure the respect and fulfillment of all constitutional rights and guarantees. To combat drug trafficking and corruption in whatever form they may take. To ensure respect for human rights. 4. Public Defense Service 4.1. Institutional Structure The Public Defense Service is under the purview of the Judicial Branch and shares its budget. Its maximum authority is the National Public Defender, who is appointed by the Supreme Court. This agency is responsible for providing free legal defense services to individuals who have been charged with a crime and who lack the economic means to mount their own defense. It may only grant technical assistance in criminal offenses for adults and minors. The Public Defender may be appointed by the judge and/or take the case at the request of family members or the accused. 4.2. Government and Management This agency also sets policies and provides instructions to the four regional offices of the Public Defense Service. 4.2.1. Eligibility The requirements for the position of public defender are: A law degree, which may be a Ph.D. or B.S. in Judicial and Social Sciences. At least three years experience in private practice after registration with the Bar Association or at least five years service as a judge or magistrate. A passing grade in entrance examinations and good moral standing. To enjoy all political and civil rights and to be a member in good standing of the Bar Association. 4.3. Transparency, Accountability, and Access to Information All candidates that are recruited to the Public Defense Service, employees promoted within the agency, and Judicial Branch employees who receive a salary increase must present a sworn declaration of assets. An additional sworn statement is required when an employee of the Public Defense Service leaves his or her post and he or she must also surrender any property belonging to the institution. As part of a policy to promote transparency and employee probity, employees are required to prove that they have submitted a sworn statement before taking office. Each employee must update his declaration at the beginning and end of each year. 4.4. Budget The Public Defense Service budget increased 147% between 2000 and 2006, with an average annual growth rate of 19%. This increase was not continuous, but decreased considerably between 2003 and 2004. Table 7 Public Defense Budget 19 Year 2006 2005 2004 2003 2002 2001 2000 In local currency (lempiras) 73,620,161 73,199,439 54,892,065 68,355,041 44,318,106 32,339,200 29,835,045 In U.S. dollars 3,874,745 3,852,602 2,889,056 3,597,633 2,332,531 1,702,063 1,570,265 Source: Based on data provided by the Public Defense Service.
308 Honduras 4.5. Reform Projects Underway The Public Defense Service changed its organizational structure in 2006 and published a new manual and regulations. 20 4.6. Human and Material Resources The Public Defense Service is currently staffed by 232 public defenders, 40% of whom are men. This number represents an increase of less than 1% over 2005. Table 8 Human Resources Item 2006 2005 2004 Number of Public Defenders 232 230 228 Number of Public Defenders - Men 92 91 90 Number of Other Personnel 71 69 69 Source: Public Defense Service. The Public Defense Service currently has 66 computers, only six of which have Internet access. 5. Ministry of Government and Justice The Ministry of Government and Justice represents the Executive Branch in the judicial system. Its main mission is to improve interinstitutional coordination and liaison to improve the coherence and effectiveness of national policies, thus promoting sustainable development with equity. 21 Its main tasks are: To ensure inter-institutional coordination and the design, implementation, and evaluation of national policies related to regional and local development, territorial organization, protection of the population, and respect for the rule of law. To create a vision of the country that incorporates its territorial dimensions, positively integrating the population, natural resources, and social and productive infrastructure, and identifying the technical, institutional, political and financial mechanisms that are required to build this vision. To strengthen the rule of law, thus guaranteeing the articulation of people s rights and liberties, the fulfillment of their duties, and legal security. To ensure the protection of vulnerable groups and to define policies for human settlements and migration. IV. Criminal Procedure 1. Description In February 2002 a new Criminal Procedural Code came into effect in Honduras. The new rules replaced the inquisitorial, written system with an adversarial model that introduced oral procedures and vested investigative and prosecutorial functions in a Public Prosecutor s Office. Once it terminates an investigation, the Public Prosecutor s Office may file the case away or present a request to prosecute before the appropriate judge. It may also request that the judge temporarily suspend prosecution, order abbreviated procedures or dismiss the case, where appropriate. If the office decides to present the request for prosecution to the judge, it must formalize the charges and the defense attorney must be able to respond to them directly. Once this has taken place the judge orders that the trial be opened and the materials remitted to the trial court, which is composed of three professional judges. The presiding judge of the trial court then schedules an oral and public trial during which the parties must present the arguments outlined in the written materials that they have submitted. The accused is then given an opportunity to speak, after which evidence is presented. After each party makes a final statement the court deliberates. An appeal for annulment may be presented against the judge s decision. Guilty rulings may also be challenged for review in very specific cases. 2. Prison Situation In 2005, Honduras had an incarcerated population of 11,592 people. This is a rate of 161 inmates per 100,000 inhabitants. 22
Report on Judicial Systems in the Americas 2006-2007 309 Table 9 Prison Population Year Prison Population Prison Population per 100,000 Inhabitants 2005 11,592 161 2004 11,236 158 2002 11,502 172 23 1998 9,551 155 1995 8,933 158 24 1992 5,717 110 Source: JSCA. The average growth rate of the prison population between 1992 and 2005 was 16%. However, between 1992 and 2005 the prison population grew by 103%. V. Civil Procedure 1. Description Civil procedure in Honduras continues to be primarily written. It encompasses summary, ordinary, and executive proceedings, injunctions, and pre-judicial proceedings. At present the Preliminary Draft Code of Civil Procedure has been approved by Congress and reviewed by the appropriate Commission. Civil suits cover the following specialized areas: family, labor, young offenders, contentious-administrative, domestic violence, and tenancy. In 2005, cases filed before the peace courts represented 28% of all cases filed. Table 10 Cases Filed in the Specialized Civil Courts 25 Year Total Cases Filed Percentage of all cases 2005 86,118 18% 2004 75,693 19% 2003 69,210 21% Source: Preliminary comparative study Avance en América Latina de la Reforma a la Justicia Civil (JSCA). In 2003, 3,219 cases were resolved in the first instance civil courts while in 2004 there were 10,487 cases resolved. The average number of cases filed was similar in the two-year period, around 7,000. 26 Table 11 Cases Resolved in the Specialized Civil Courts Year Total Cases Resolved Percentage of all cases 2005 50,327 26% 2004 49,238 31% 2003 37,301 21% Source: Preliminary comparative study Avance en América Latina de la Reforma a la Justicia Civil (JSCA). In 2003, the case resolution rate was 53% and in 2004, 105%, representing a 52% increase over two years. 27 Table 12 Case Movement and Case Resolution Rate Year Cases Cases Resolution Cases Filed Resolved Rate Pending 2005 15,758 13,082 83% 8,886 2004 14,704 15,377 105% 10,130 2003 14,628 7,707 53% N/D* VI. Legal Profession Four universities offer law programs in Honduras, namely the Universidad Nacional Autónoma de Honduras, Universidad José Cecilio del Valle, Universidad Católica de Honduras, and the Universidad Tecnológica Centroamericana. Honduras has one bar association. Membership is mandatory and disciplinary control falls to the Honduran Bar Association Honor Tribunal. VII. Related Areas 1. Alternative Dispute Resolution 28 Congress passed the Conciliation and Arbitration Law in October 2000 as part of Decree 161-2000. The law covers labor, commercial, civil, family, child, agricultural, contentiousadministrative, and police or criminal law.
310 Honduras Conciliations may be in court or out of court. The former may occur in first instance proceedings before a peace judge, while the latter may be institutional, notarial or administrative. 29 Honduras is signatory to international treaties on dispute resolution, including the New York Convention on the Recognition and Enforcement of Foreign Arbitration Accords, the Inter- American Convention on International Commercial Arbitration, and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Conciliation is the only mandatory form of dispute resolution. Arbitration, mediation, and negotiation are offered in and out of court through various institutions. In criminal matters, Public Defender s Offices, the free legal clinics offered through the Universidad Nacional Autónoma de Honduras, and certain non-governmental organizations offer alternative dispute resolution for both adult and young offenders as well as for individuals involved in cases of domestic violence. In civil and commercial matters, the Cámara de Comercio e Industria de Tegucigalpa offers dispute resolution services. The conciliation and arbitration law stipulates that chambers of commerce, professional and trade associations, and higher education establishments may also operate accredited conciliation and arbitration centers. VIII. Reform Projects Underway 1. International Cooperation Projects Underway Program to Modernize the Judicial Branch (Proyecto de Modernización del Poder Judicial) This project started up in 2004 after an Agreement was signed between the International Development Association (IDA member of World Bank Group) and the Government of Honduras. This agreement finances the procurement of goods and services, infrastructure remodeling and expansions, and consultation services while the project is being implemented. Program to Support the Modernization of Justice, Stage II (Programa de Apoyo a la Modernización de la Administración de Justicia: Etapa II) As follow-up of the first stage (1997-2001), the second stage of the Program started with the signing of the Loan Contract between the International Development Bank (IDB) and the Government of Honduras. The objective of the program is to strengthen the rule of law through the implementation and consolidation of legal and institutional reforms in the justice system in order to deliver better service and increase citizen participation. The activities of this project are conducive to: 1) Reformation of the justice administration through drafting of Bills to strengthen the Judicial Branch structure and operations and criminal and civil procedural codes, 2) Enhancement of due process, transparency and efficiency in the Judicial Branch by reorganizing filing systems, screening of pending cases in civil, commercial and tenancy matters, strengthening Public Defense, training, and constructing new judicial centers. In total, the Program assigns the Judicial Branch US$6.13 million, whish is required to finance 17% of the activities within the Plan de Modernización del Poder Judicial 2004-2009. Program to Strengthen the Judicial Career in Honduras (Programa de Fortalecimiento de la Carrera Judicial en Honduras) Spanish government cooperation supports the strengthening of the Judicial Branch and improvements to the administration of justice, emphasizing access to and effectiveness of justice. It also seeks to professionalize judicial and public service careers related to legal functions through grants that cover consulting and technical assistance. These initiatives are supported by the General Council of the Judicial Branch and the Ministry of Justice of Spain. This program represents close to 3% of the activities included in the Plan de Modernización del Poder Judicial 2004-2009. The Judicial career was strengthened through the final draft of the Law on the Judicial Council and the Judicial Career, which was analyzed and passed by the Supreme Court Plenary and the National Congress. De igual manera, asistencias técnicas especializadas en materia de género y justicia para rediseñar y acoplar al referido anteproyecto al sistema de Inspectoría General de juzgados y tribunales, el sistema de evaluación del desempeño de jueces y magistrados, y el sistema de gestión de la Carrera Judicial por medio de la implementación del Plan de Reforma de la
Report on Judicial Systems in the Americas 2006-2007 311 Escuela Judicial que proyecta: su reorganización, adecuación de infraestructura e incremento del equipo, material y personal adecuado, y nuevos modelos de capacitación continua. This law also provides for expert technical assistance in gender and justice issues, for the redesign and integration of the draft law into the General Inspectorate system of courts and tribunals, the judicial performance system, and the Judicial Career management system. This will be accomplished through the implementation of the Program to Reform the Judicial Academy (Plan de Reforma de la Escuela Judicial) which envisions the reorganization of this entity, improvements in infrastructure and equipment, increases in human and material resources, and new continuous training models. In the criminal area, it plans to strengthen recruitment processes and the initial training of sentencing judges and enforcement judges through internships and training courses and manuals for justice employees and educators. New Organizational Structure of the Public Defense Service In 2006, the Public Defense Service, using a contribution from the IDB, drew up a new organizational structure for its administration. The main purpose of this effort was to expand its services to other areas. Along these lines, an Organization and Functions Manual and a New Regulation of the Public Defense Service was drafted and presented to the Supreme Court. If approved, it will be implemented at the beginning of 2007. This proposal foresees the Public Defense Service managing its own budget, proposing a short list of candidates for positions to be appointed by the Supreme Court, and providing services in the areas of domestic violence, labor, civil, family and criminal cases. Preliminary Draft of the Civil Procedural Code The United States government has supported this initiative through the Program to Strengthen the Rule of Law operated through the United States Agency for International Development (USAID). USAID has provided technical assistance for drafting this Code, holding discussion forums, and observation visits to countries with innovative programs in this area. Some of the most important changes proposed by the preliminary draft of the law are oral and public trials, and simplified and reliable judicial procedures that allow for prompt and duly enforced justice administration. IX. Websites Judicial Branch (Poder Judicial) http://www.poderjudicial.gob.hn/ Information on the institutional organization of each court. Public defense services, location and services offered. Phone directory, e-mail directory, a set of links and a site map. Public Prosecutor s Office (Ministerio Público) http://www.mp.hn Information by geographical departamento, special prosecutor s office and regional prosecutor s offices as well as news, special reports and an e-mail address for suggestions. Spanish-language only Ministry of Government and Justice (Ministerio de Gobernación y Justicia) http://www.gobernacion.gob.hn Information on the ministry s mission and vision, procedures that can be handled through this office, at municipalities and local government offices, executive offices and links to government websites as well as news briefs and a list of activities. Presidency of the Republic (Presidencia de la República) http://www.sdp.gob.hn/ Information on the President and his activity calendar. Links to the Government Cabinet and news about all Executive Branch offices as well as an organizational diagram of the government, full text versions of speeches, budget information and social projection. Users may also view the Constitution of the Republic. Spanish-language only. X. Directory Corte Suprema de Justicia Address: Centro Cívico Gubernamental, Palacio de Justicia Colonia Miraflores Sur, B/v. Fuerzas Armadas Tegucigalpa Phone: (504) 234-2367 Fax: (504) 234-6784
312 Honduras Ministerio de Gobernación y Justicia Address: Palacio de los Ministerios, Frente al correo Piso 2 Tegucigalpa Phone: (504) 22286 04 Fax: (504) 2371121 Comisión Presidencial de Modernización del Estado (Presidencial Commission on State Modernization) Address: Edificio Ejecutivo Las Lomas, 4to. Nivel, Frente a Casa Presidencial, Tegucigalpa, M.D.C, Honduras Phones: (504) 232-1546 (504) 235-9371 Fax: 235-9368 Ministerio Público Address: Edificio Castilo Pojol, Col. Palmira Tegucigalpa Phone: (504) 239 3687/ 8370 Fax: (504) 239 4751/ 5717 Defensa Pública Address: Colonia Alameda, Casa 555, Av. Ramón Villeda Morales. Tegucigalpa Phone: (504) 239 8621 Fax: (504) 9698244 Procuraduría General de la República Address: Edificio Plaza Coctesuma, Contigua Amanca. Tegucigalpa, Honduras Phone: (504) 235 61 00 Notes 2 ECLAC, Statistical Yearbook for Latin America and the Caribbean, 2005. 3 ECLAC, Social Panorama of Latin America, 2006. 4 World Bank, Más Allá de los Promedios: Afrodescendientes en América Latina, Los Afrohondureños, 2006. 5 ECLAC, Social Panorama of Latin America, 2006. 6 The UNDP s Human Development Index classifies countries into three groups: high human development (rating of 0.8 or over), medium human development (rating of between 0.5 and 0.8) and low human development (rating of 0.5 or less). According to the 2006 version of the Human Development Report, 63 countries qualify for the first group, 83 for the second, and 31 for the third. See http://undp.org 7 The Gini Coefficient is used to measure concentration of wealth. It is expressed as a value between 0 and 1, where 0 represents perfect equality (everyone has the same income) and 1 represents absolute inequality (one person has all of the wealth and the rest have none). ECLAC, Poverty Statistics Seminar 7-9, Santiago de Chile. See http://www.eclac.cl/públicaciones/xml/0/27480/ Cuadros_Anexo_PS2006.xls 8 ECLAC, Statistical Yearbook for Latin America and the Caribbean, op. cit. 9 bid. 10 World Bank, World Development Indicators, op. cit. 11 UNDP, Human Development Report, 2006. 12 The exchange rate at April, 2007 was approximately 19 lempiras per U.S. dollar. 13 Comprised of three judges, their function is to hold oral and public trials in criminal matters. Their actions are regulated by the Criminal Procedure Code. They are not divided by subject matter and they hear public and private criminal cases remitted by trial judges or presented by the plaintiff. 14 For detailed information on each project, see section VII of this report. 15 Expressed in millions. 16 See http://www.ministeriopublico.gob.hn/ 17 Ibid. 18 In the first semester of 2005, this Prosecutor s Office received 983 complaints of domestic violence, resulting in 299 rulings and 478 hearings. As regards crimes, 152 requests for prosecution were presented and 172 complaints were filed for investigation; 150 preliminary audiences were granted and 75 rulings and 39 dismissals were handed down. 19 Expressed in millions. 20 See section VIII of this report. 21 Official Website of the Presidency of the Republic, Ministry of Government and Justice. See http:// www.gobernacion.gob.hn/index.html 22 Comisión de Derechos Humanos del D.F. Special report on the situation of the penitentiary centers in the Distrito Federal in 2005. See http://www.cdhdf.org.mx/ index.php?id=informes 23 Based on a U.N. population estimate of 6.7 million people in June 2002. 24 The population estimate is based on a U.N. calculation of 7.1 million people in mid-2004. 25 According to information submitted by the Judicial Branch, the total civil caseload includes both first and second instance civil courts, excluding tenancy and peace courts. 26 JSCA, Preliminary comparative study, Avance en América Latina de la Reforma a la Justicia Civil, 2007. 27 Ibid. 28 Honduras has several legal entities that regulate this mechanism, among them: Civil Code of 1906, Labor Code of 1959, Family Code (Código de Familia of 1987), Juvenile Code (Código de la Niñez y Adolescencia de of 1996), Criminal Procedural Code of 1999, Arbitration and Conciliation Code (Ley de Conciliación y Arbitraje of 2001), Police Code (Ley de Policía y Convivencia Social of 2002), Potable Water Law (Ley Marco del Sector de Agua Potable y Saneamiento of 2003), Property Code (Ley de Propiedad of 2004). Bustillo Muñoz, Mario, La Conciliación en Honduras in Arbitraje y Mediación en las Américas, JSCA. 29 Ibid.