The United Nations (UN) called on the State of Honduras to review the recent reforms to the Criminal Code and the Criminal Procedure Code, warning that some of the provisions approved to combat organized crime could lead to arbitrary detentions, disproportionate restrictions on fundamental rights, and violations of judicial guarantees.
The statement was made by the Office of the United Nations High Commissioner for Human Rights in Honduras (OHCHR), which expressed concern about the scope of decrees 84-2026, 208-2026 and 258-2026, approved as part of state actions against maras, gangs and other criminal structures.
Although the body acknowledged that Honduras faces serious challenges related to violence, extortion and organized crime, it recalled that security responses must comply with the State's international human rights obligations.
The Office warned that the package of measures incorporates exceptional restrictions on fundamental rights that could resemble those of a state of emergency, but without a formal declaration under that mechanism.
It also alerted that these provisions could disproportionately affect vulnerable groups, particularly women and children, in addition to creating risks in scenarios of social protest and human rights defense.
The OHCHR warned that...
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The United Nations called for a review of the decrees related to the fight against terrorist associations, maras, and gangs. (Photo: DAET)The United Nations Organization (UN) asked the State of Honduras to review the recent reforms to the Criminal Code and the Criminal Procedure Code, warning that some of the provisions approved to combat organized crime could lead to arbitrary detentions, disproportionate restrictions on fundamental rights, and violations of judicial guarantees. The statement was made by the Office of the United Nations High Commissioner for Human Rights in Honduras (OHCHR-Honduras), which expressed concern about the scope of decrees 84-2026, 208-2026, and 258-2026, approved as part of state actions against maras, gangs, and other criminal structures. Although the body acknowledged that Honduras faces serious challenges related to violence, extortion, and organized crime, it recalled that security responses must comply with the State's international human rights obligations. The Office warned that the set of measures incorporates exceptional restrictions on fundamental rights that could resemble those of a state of emergency, but without a formal declaration under that mechanism. The Office of the United Nations High Commissioner for Human Rights expressed concern about the scope of the criminal reforms approved in Honduras. (Photo: Europa Press)It also warned that these provisions could disproportionately affect vulnerable groups, particularly women and children, in addition to creating risks in scenarios of social protest and human rights defense. The OHCHR warned that considering tattoos or certain physical characteristics as indicators of membership in criminal structures can jeopardize the presumption of innocence, individual criminal responsibility, and the right to personal liberty. However, the international body considers it necessary that investigations be based on objective elements and that no person be subjected to criminal prosecution solely because of characteristics of their appearance. Another questioned aspect concerns the provisions that allow searches without subsequent judicial review or oversight, a situation that, according to the United Nations, could weaken guarantees against arbitrary actions and affect the inviolability of the home. The criminal reforms include new tools to strengthen the prosecution of criminal organizations in Honduras. (Photo: DAET)In light of the identified risks, the Office of the High Commissioner presented a series of recommendations directed at Honduran institutions to ensure that the application of the reforms does not lead to abuses of authority or violations of the rights of detained persons. Among the main proposals is the creation of a Central Registry of Detained Persons, which should be public and accessible, with the purpose of preventing forced disappearances and facilitating the location of those who remain in the custody of the authorities. Likewise, it requested guaranteeing that the Public Prosecutor's Office has effective participation in the direction and supervision of criminal investigations, so that procedures are carried out under institutional controls. The UN also considered it necessary to strengthen the Public Defense system to ensure that detained persons have access to legal representation and can permanently resort to the habeas corpus mechanism, a legal guarantee that allows the legality of a detention to be challenged. The international body questioned that tattoos and physical characteristics can be used as indicators of membership in criminal structures. (Photo: National Police)The body pointed out that these measures are important to prevent the new powers granted to security institutions from translating into arbitrary actions or unjustified restrictions on individual liberty. The Office also emphasized the need to establish mechanisms of control and sanction for security agents who fail to fulfill their duties or engage in actions contrary to national legislation and international standards. In the penitentiary sphere, it recommended that the classification of persons deprived of liberty be carried out in an individualized manner, taking into account the circumstances of each case and avoiding general decisions that could affect fundamental rights. The concern extends to the powers that the reforms grant to the institutions in charge of combating organized crime, especially when these involve interventions on personal liberty, privacy, and other protected rights. The Office requested strengthening the Public Defense system and guaranteeing permanent access to the habeas corpus remedy. (Photo: National Police)The reforms are part of the state strategy to combat criminal structures and expand the tools for investigation and criminal prosecution. However, the United Nations considers that their implementation must be accompanied by guarantees that make it possible to prevent possible excesses. In the final part of its statement, the OHCHR recalled that security and human rights are complementary, and therefore the fight against crime must not take place outside of Honduras's constitutional and international obligations.