Section 1. Respect for the Integrity of the Person
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were reports that the government or its agents committed arbitrary or unlawful killings. The reported killings took place during law enforcement operations or were linked to criminal activity by government agents. The Ministry of Security’s Directorate of Disciplinary Police Affairs investigated members of the Honduran National Police accused of human rights abuses. The Office of the Inspector General of the Armed Forces and the Humanitarian Law Directorate investigated and arrested members of the military accused of human rights abuses.
The National Human Rights Commission (CONADEH) reported 15 arbitrary or unlawful killings by security forces as of August. The Public Ministry reported two such cases in judicial processing and five other cases under investigation as of September.
On April 27, the Public Ministry filed an indictment against police officer Jarol Rolando Perdomo Sarmiento for the February 6 murder of Keyla Martinez in La Esperanza, Intibuca Department. Perdomo allegedly killed Keyla Martinez after she was detained for violating the country’s COVID-19 curfew.
The government continued to prosecute individuals allegedly involved in the 2016 killing of environmental and indigenous activist Berta Caceres. On July 5, the National Tribunal Court found Roberto David Castillo Mejia guilty for his role as one of the alleged intellectual authors of her murder.
There were reports of violence related to land conflicts and criminal activity. On July 6, unknown assailants shot and killed land rights defender Juan Manuel Moncada in Tocoa, Colon Department. Authorities continued to investigate the incident.
Organized criminal groups, such as drug traffickers and local and transnational gangs including MS-13 and the 18th Street gang, committed killings, extortion, kidnappings, human trafficking, and intimidation of police, prosecutors, journalists, women, human rights defenders, and others. Major urban centers and drug trafficking routes experienced the highest rates of violence.
On July 25, media reported individuals shot and killed Liberal Party congressional candidate and former congresswoman Carolina Echeverria Haylock in Tegucigalpa. In September police arrested Denis Abel Ordonez, Michael Andre Mejia, and Walter Antonio Matute Raudales in connection with her murder. Media linked her killing to organized criminal groups and drug trafficking organizations.
There were no credible reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the law prohibits such practices, government officials received complaints and investigated alleged abuses by members of the security forces on the streets and in detention centers.
CONADEH reported 69 cases of alleged torture or cruel and inhuman treatment by security forces through August, while the Public Ministry received 18 such reports. The quasi-governmental National Committee for the Prevention of Torture, Cruel, Inhuman, or Degrading Treatment (CONAPREV) received 18 complaints of the use of torture or cruel and inhuman treatment through August.
Corruption along with a lack of investigative resources and judicial delays led to widespread impunity, including in security forces. The Directorate of Disciplinary Police Affairs investigated abuses by police forces. The directorate issued 1,379 recommendations to the Ministry of Security for disciplinary actions as of September following internal investigations of national police members. The Office of the Inspector General of the Armed Forces and the Humanitarian Law Directorate investigated abuses by the military. CONADEH received complaints involving human rights abuses and referred them to the Public Ministry for investigation. The Secretariat of Human Rights provided training to security forces to reinforce respect for human rights. Through September the secretariat trained 2,626 law enforcement officials in human rights and international humanitarian law.
Prison and Detention Center Conditions
Prison conditions were harsh and at times life threatening due to pervasive gang-related violence and the government’s failure to control criminal activity within the prisons. Prisoners suffered from overcrowding, insufficient access to food and water, violence, and alleged abuse by prison officials.
Physical Conditions: Prisoners suffered from severe overcrowding, malnutrition, lack of adequate sanitation and medical care, and, in some prisons, lack of adequate ventilation and lighting. The Secretariat of Human Rights reported that as of September 7, the total prison population was 20,768 in 25 prisons and one detention center. According to the secretariat, the system was designed for approximately 10,600 inmates.
The government failed to control pervasive gang-related violence and criminal activity within the prisons. Many prisons lacked sufficient security personnel. Many prisoners had access to weapons and other contraband, inmates attacked other inmates with impunity, and inmates and their associates outside prison threatened prison officials and their families. These conditions contributed to an unstable, dangerous environment in the penitentiary system. Media reported prison riots, violent confrontations, and killings between gang members in prisons throughout the year.
CONAPREV reported 13 violent deaths in prisons as of September. On June 17, a riot between alleged members of the 18th Street and MS-13 gangs in the maximum-security prison La Tolva in Moroceli, El Paraiso Department, resulted in five dead and 39 injured.
As of September the Secretariat of Human Rights reported the country’s pretrial detention center held 33 individuals. The center, administered by the National Prison Institute, was on a military installation and received some support services from the military. The government used the pretrial detention center to hold high-profile suspects and those in need of additional security, including police and military officials. The government closed two pretrial detention centers in April due to low numbers of these types of pretrial detainees. Long periods of pretrial detention remained common and problematic, with many other pretrial detainees held in the general population with convicted prisoners.
Authorities did not generally segregate those with tuberculosis or other infectious diseases from the general prison population; as of September the National Prison Institute reported 106 prisoners had been treated for tuberculosis. The lack of space for social distancing combined with the lack of adequate sanitation made prison conditions even more life threatening during the COVID-19 pandemic. The Secretariat of Human Rights reported three prisoner deaths due to COVID-19 through September. There was limited support for persons with mental illnesses or disabilities. CONAPREV reported every prison had a functioning health clinic with at least one medical professional, but basic medical supplies and medicines were in short supply throughout the prison system. In most prisons only inmates who purchased bottled water or had water filters in their cells had access to potable water.
Administration: The judicial system is legally responsible for monitoring prison conditions and providing for the rights of prisoners. The government tasks CONAPREV with visiting prisons and making recommendations for protecting the rights of prisoners. CONAPREV conducted 138 visits to prisons as of September. Media noted that family members often faced long delays or were unable to visit detainees.
Independent Monitoring: The government generally permitted prison visits by independent local and international human rights observers, including the International Committee of the Red Cross.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
Although the law generally prohibits such actions, a legal exception allows government authorities to enter a private residence to prevent a crime or in case of another emergency. There were credible complaints that police occasionally failed to obtain the required authorization before entering private homes. As of September CONADEH had received 33 complaints.
Section 2. Respect for Civil Liberties
d. Freedom of Movement and the Right to Leave the Country
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The national curfew instituted in response to COVID-19, however, limited the freedom of internal movement and affected the freedom to leave the country, including for individuals at risk of or subject to persecution or torture. The government ended the curfew on October 1.
In-country Movement: There were areas where authorities could not assure freedom of movement because of criminal activity and a lack of significant government presence.
f. Protection of Refugees
The government cooperated with UNHCR and other humanitarian organizations that provide protection and assistance to refugees and other persons of concern.
Access to Asylum: The law provides for granting asylum or refugee status. The government had a nascent system to provide legal protection to refugees. Its operations to receive and process cases were reliant on substantial support from UNHCR.
Abuse of Migrants and Refugees: Transiting migrants and asylum seekers with pending cases were vulnerable to abuse and sexual exploitation by criminal organizations. Women, children, and LGBTQI+ migrants and asylum seekers with pending cases were especially vulnerable to abuse. Asylum seekers and refugees continued to face acute protection risks in border zones.
Section 4. Corruption and Lack of Transparency in Government
The law provides for criminal penalties for corruption by officials, but authorities did not implement the law effectively, and officials continued to engage in corrupt practices with impunity. There were numerous reports of government corruption during the year. A revision to the penal code that entered into force in June 2020 broadly reduces criminal penalties for corruption by officials. Inconsistent, retroactive implementation of provisions of the revised code led to logjams in the legal system and impunity for some of the accused. Backsliding occurred in cases brought during the four-year mandate of the OAS Mission to Support the Fight Against Corruption and Impunity in Honduras; several of its cases were dismissed or postponed as courts heard appeals based on the new code. The government took some steps to address corruption at high levels in government agencies, including arresting and charging senior officials on COVID-related procurement corruption. The government launched a new Ministry of Transparency in November 2020 to address some of these concerns. Anticorruption efforts remained an area of concern, as did the government’s ability to protect justice-sector officials, such as prosecutors and judges. Civil society continued to criticize the law for classification of documents related to security and national defense, saying it limited transparency and allowed officials to use the classification of documents to obscure wrongdoing.
Corruption: The new trial of former first lady Rosa Elena Bonilla de Lobo on charges of fraud and misappropriation of public funds, originally set to commence in March, was twice delayed for medical reasons. Periodic medical evaluations had not found Lobo healthy enough to proceed. Her most recent evaluation was in August, and the court declared her fit to stand trial in September. Her retrial was scheduled for February 2022.
Marco Bogran, former director of INVEST-H, the Honduran government entity tasked with providing coronavirus pandemic relief contracts to private firms, remained in pretrial detention awaiting his next court appearance, scheduled for January 31, 2022. Bogran was arrested in October 2020 on two corruption charges for embezzling an estimated 1.14 billion lempiras ($47 million) in public funds and funneling a contract for mobile hospitals to his uncle, Napoleon Corrales. He was arrested again in April for separate but related charges.
In January the government funded the opening of a UN Office of Drugs and Crime office to begin a government transparency project and support the drafting of the country’s first national anticorruption strategy.
Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views, but some human rights organizations criticized government officials for lack of access and responsiveness.
Government Human Rights Bodies: A semiautonomous commissioner for human rights, Blanca Izaguirre, served as an ombudsperson and investigated complaints of human rights abuses. With offices throughout the country, the ombudsperson received cases that otherwise might not have risen to national attention. The Secretariat of Human Rights served as an effective advocate for human rights within the government. The Public Ministry’s Office of the Special Prosecutor for Human Rights handled cases involving charges of human rights abuses by government officials. The Public Ministry also has the Special Prosecutor’s Office for the Protection of Human Rights Defenders, Journalists, Social Communicators, and Justice Officials. There is also a Human Rights Committee in the National Congress. The Ministries of Security and of Defense both have human rights offices that coordinate human rights-related activities with the Secretariat of Human Rights.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: The law criminalizes all forms of rape of women or men, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from nine to 13 years’ imprisonment. The law was not effectively enforced, and weak public institutional structures contributed to the inadequate enforcement.
The law does not criminalize domestic violence but provides penalties of up to 12 years in prison for violence against a family member, depending on the severity of the assault and aggravating circumstances. If a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the legal penalty for a first offense is a sentence of one to three months of community service. Survivors of domestic violence are entitled to certain protective measures, such as removing the abuser from the home and prohibiting the abuser from visiting the victim’s work or other frequently visited places. Abusers caught in the act may be detained for up to 24 hours as a preventive measure. The law provides a maximum sentence of three years in prison for disobeying a restraining order connected with the crime of violence against a woman.
Civil society groups reported that women often did not report domestic violence or withdrew charges because they feared, or were economically dependent on, the aggressor. In addition women experienced delays in accessing justice due to police who failed to process complaints in a timely manner or judicial system officials who deferred scheduling hearings. Institutions such as the National Women’s Institute attempted to enhance the government’s response to domestic violence by opening three additional women’s centers in the country. These efforts were insufficient due to limited political will, inadequate staffing, limited or no services in rural areas, absence of or inadequate training and awareness of domestic violence among police and other authorities, and a pattern of male-dominant culture and norms.
In cooperation with the UN Development Program (UNDP), the government operated consolidated reporting centers in Tegucigalpa and San Pedro Sula where women could report crimes, seek medical and psychological attention, and receive other services. These reporting centers were in addition to the 298 government-operated women’s offices – one in each municipality – that provided a wide array of services to women, focusing on education, personal finance, health, social and political participation, environmental stewardship, and prevention of gender-based violence.
Sexual Harassment: The law criminalizes sexual harassment, including in employment. Violators face penalties of one to three years in prison and possible suspension of their professional licenses, but the government did not effectively enforce the law.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Contraception supplies continued to be limited. The law prohibits the sale, distribution, and use of emergency contraception for any reason, including for survivors of sexual violence. The government provided victims of sexual violence access to other health-care services.
Although 74 percent of births were attended by skilled health care personnel, NGOs reported significant gaps in obstetric care, especially in rural areas. The World Bank reported in 2018 that the adolescent birth rate was 72 births per 1,000 girls ages 15 to 19.
Discrimination: Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights due to barriers in access to justice and lack of information regarding legal protections. Most women in the workforce engaged in lower-status and lower-paying informal occupations, such as domestic service, without the benefit of legal protections. By law women have equal access to educational opportunities.
Systemic Racial or Ethnic Violence and Discrimination
The law criminalizes discrimination based on race and ethnicity and includes crimes committed against individuals because of race or ethnicity as aggravating circumstances to increase penalties for criminal offenses. Nevertheless, social discrimination against racial and ethnic groups persisted, as did physical violence.
As of September the Public Ministry had received nine reports of racial or ethnic discrimination. CONADEH received four reports as of August.
On March 3, unknown assailants killed Martin Pandy, president of the Garifuna community of Corozal, and another community member. Pandy was a human rights and land rights activist.
The government’s National Policy to Combat Racism and Racial Discrimination seeks to promote equality and combat discrimination related to the country’s seven indigenous and two Afro-descendent groups, with a focus on social and political participation; access to education, health care, justice, and employment opportunities; and rights to ancestral lands and natural resources. NGOs reported the government did not effectively combat discrimination and promote equal access to government services or employment opportunities.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The Cattrachas Lesbian Network reported 17 violent deaths of LGBTQI+ persons as of August. On March 28, transgender activist Vanessa Zuniga was killed in Tela, Atlantida Department. Vanessa worked as a volunteer in the Association for Prevention and Education in Health, Sexuality, AIDS, and Human Rights.
Same-sex sexual activity has been legal since 1899; however, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. The law criminalizes discrimination based on sexual orientation and gender identity characteristics and includes crimes committed against individuals because of their sexual orientation or gender identity as aggravating circumstances to increase penalties for criminal offenses. Nevertheless, social discrimination against LGBTQI+ persons persisted, as did physical violence. Impunity for such crimes remained high, as was the impunity rate for all types of crime.
LGBTQI+ rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, increasing their vulnerability to violence and extortion. Transgender persons are prohibited from changing their legal gender status.