(Washington, DC) – Honduras chooses the members of the new Supreme Court based on their qualifications, experience, and integrity, Human Rights Watch said today. Selections should be based on transparent criteria, and the procedure should be transparent and allow for the participation of civil society.
The variety procedure has just started and is expected to end in January 2023. The final decision on the new judges will be made through Congress, whose president, Luis Redondo, is the best friend of President Xiomara Castro.
“As the rule of law is crumbling in Central America, Honduras can stand out by strengthening judicial independence through the variety of new merit-based Supreme Court justices,” said César Muñoz, senior Americas researcher at Human Rights Watch. temptation to decide a Supreme Court according to their own interests and those of the political parties, adding their own. “
The imperfect variety of judicial governance is one of the main reasons for some of the ills Honduras has with its Central American neighbors, such as weak institutions, endemic corruption, and a judicial formula that has been used to toughen and persecute human rights defenders. journalists. .
In Guatemala, Alejandro Giammattei’s government worked with the Attorney General’s Office to block investigations into corruption and human rights violations, and used the judicial formula opposed to independent judges, prosecutors, and bloodhounds. In El Salvador, President Nayib Bukele has undermined democratic institutions, leaving virtually no one in power. And in Nicaragua, President Daniel Ortega has taken from all branches of government and formulatically persecuted critics, opponents, bloodhounds and human rights defenders.
President Castro’s November 2021 election victory on a pro-human rights platform raised high expectations for change, but it took time to deliver on his promises, Human Rights Watch said. A very important opportunity for the coverage of human rights and the rule of law.
Cases of abortion, same-sex marriage and other human rights issues have recently been pending before the courts. In addition, the Supreme Court plays a very important role in the fight against corruption, since it has jurisdiction over instances involving members of Congress and other high officials. Officials
In July 2022, Castro’s leadership embarked on a diverse procedure promising judicial independence, in response to a letter from Human Rights Watch.
A political leader, several adjudicators, and civil society representatives told Human Rights Watch that political parties have historically abused force to appoint Supreme Court rulings by dividing vacancies among themselves, based on the proportion of seats they held in Congress. Adding corruption cases, the case is assigned to a trial on who would be favorable to that party.
This practice has turned the Supreme Court into a tool of political interest, with dire consequences for the country, of an independent establishment that applies the law equally to all, Human Rights Watch said.
For example, in 2009, the Supreme Court issued strong public statements supporting the military coup opposed to ousted President Manuel Zelaya. He also dismissed 4 lower-ranking judges who opposed the coup. The Inter-American Court of Human Rights ordered Honduras to return 3 of them.
In 2015, the Supreme Court overturned the constitutional restriction on re-election, arguing that it violated the human rights of public servants seeking to run for another term. The resolution allowed then-President Juan Orlando Hernández to run for re-election. , which he won. In 2021, in an advisory opinion requested through Colombia, the Inter-American Court affirmed that the prohibition of indefinite presidential re-election did not violate human rights but ensured plurality and prevented the perpetuation of force in the hands of a person. Hernandez is recently detained in the United States on drug and firearms trafficking charges.
Honduras renews the 15 members of the Supreme Court every seven years in a two-tier process. First, a nominating committee composed of representatives of seven entities, the Ombudsman, the outgoing Supreme Court, the Bar Association, the Association of Private Companies. , professors of law, civil society and industry unions, selects at least forty-five candidates for the 15 positions. The nominating committee began painting on September 19.
In July, Congress passed a law regulating the functioning of the postulation commission, which establishes criteria for evaluating the variety of candidates; publishes sessions and interviews; and for the participation of civil society, the media and UN agencies as observers. It also required at least 7 of the 1 five new members to be women. Lately there are five women judges.
While the law sets out the main principles of the variety process, the nomination commission will have to adopt specific rules on its operation and evaluation criteria. The content and application of these rules will be very important in order to ensure an equivalent remedy for all candidates.
The moment point of the procedure is the appointment of judges through Congress, through a vote that requires a two-thirds majority. The Honduran Constitution calls Congress the Supreme Court and the Attorney General from the proposed list through the postulation committees. However, the last legislature decided on the existing attorney general, whose term ends in September 2023, from the list.
The president of Congress and the opposition are publicly dedicated to opting for the judges on the list, as required by the organic charter and the July law. They decide them based on their merits, not their political affinities, through a transparent process, Human Rights Watch said.
While the variety of independent and competent judges is very important for Honduras’ future, it will not be enough to guarantee judicial independence. Further reforms are needed to ensure an independent distribution of instances and more transparent and effective control of the judicial system. . Currently, the Chief Justice has the highest authority over the variety, promotion, transfer and field of lower court judges. President Castro introduced a bill creating a separate framework for administering the justice system, Human Rights Watch said.
“Impunity, corruption and human rights violations are the main points that drive Hondurans to leave their country,” Muñoz said. the rule of law and addressing the reasons why many other people are forced to migrate, and would serve as a positive example for the entire region.