Honduras
17.09.02
Urgent Interventions

Honduras: new police unit to investigate the killing of children and youths

CHILD CONCERN
Case HND 241001.3 CC
Follow-up to case HND 241001.CC
Extra-judicial killings


Geneva, 13 September 2002

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Honduras.

Brief description of the situation
The International Secretariat of OMCT has been informed by Casa Alianza, a member of the OMCT network, that the Government of Honduras has agreed to form a specific unit of police detectives to investigate the murder of children and youths. Previously, international pressure had pushed President Maduro to form a high level Commission in charge of investigating the systematic killings of children in the country.

The international pressure for a governmental response to the killing of street children is still growing. From January 1998, more than 1350 children and youths have been murdered. As a consequence, the Minister of Public Security, Oscar Alvarez, announced last week the formation of a group of five detectives from the General Directorate of Criminal Investigation (DGIC). These detectives, who will be known as the Special Unit for Child Deaths, have been given an initial 15 cases to investigate by Casa Alianza, in order to measure their effectiveness. All the cases include children allegedly murdered by the police.

According to the information, the Director of the DGIC visited Casa Alianza in Tegucigalpa recently to discuss the shortcomings of the investigations and to promise to make these cases a priority. Casa Alianza considers the new unit to be an important political step forward but will measure its effectiveness by the number of cases brought to trial in the courts.

Furthermore, the Minister also established a supervisory commission to monitor investigations and to advise the special unit. Representatives from Casa Alianza, the Honduran Institute of Children’s and Family Affairs, the National Human Rights Commissioner, the Public Ministry and the Supreme Court, will be involved in this commission.

The International Secretariat of OMCT expresses its deep concern about the extrajudicial killing of children and youths and wishes to draw attention to the fact that by ratifying the Convention on the Rights of the Child, Honduras has recognised that "every child has an inherent right to life" (Article 6).

OMCT deems that extrajudicial executions, even when the perpetrators are not identified, may engage State responsibility for lack of due diligence. Due diligence imposes various positive measures that State Parties must adopt in conformity with international human rights standards, including the obligations to prevent, to stop, to investigate and to punish violations of human rights, as well as to provide adequate compensation and to promote recovery and reintegration of the victim.

OMCT welcomes the formation of the Police Special Unit within the General Directorate of Criminal Investigation (DGIC) and recommends that the Honduran Government to make it operational as a matter of priority as well as to support it in its work, by guaranteeing financial resources and transparency.

Background information
The International Secretariat of OMCT has been informed by Casa Alianza, a member of the OMCT network, that children and young adults are still regularly murdered in Honduras, bringing the total to more than 1210 victims since January 1998. In response to international pressure, President Maduro has decreed the formation of a top level Commission to investigate the systematic murders of children in the country.

According to the information received, the President had named the Minister of the Interior (Gobernacion) to chair the Commission, which includes the Minister of Justice, the National Commissioner of Human Rights and representatives of non-governmental organizations working for the well-being of children. No date has been set for the first meeting of the Commission.

According to the information received, no killer has been identified in 66% of the cases. 18% of the killings were attributed to inter-gang violence; 4% to police and guards. The remaining of 12% of the killings were attributed to the now infamous “gray car” that roves around neighbourhoods murdering children with high-powered rifles.

Context
In October 2001, the International Secretariat of OMCT had been informed by Casa Alianza that more than one hundred and ten children and young adults had been murdered in Honduras since the August 2001 visit of Ms Asma Jahangir, the UN Special Rapporteur on extra-judicial, arbitrary or summary executions.

According to statistics compiled by Casa Alianza, an average of more than 50 children and young adults under the age of 23 were being murdered in Honduras every month. More than half of the victims were between 16 and 17 years old, and more than 22% were 15 years old or younger. However, no investigation had been undertaken to identify and sanction those responsible.

Action requested

Please write to the authorities of Honduras urging them to:

i. take all necessary measures to guarantee the right to life, as well as the physical and psychological integrity of all children and young adults in Honduras, including those who live on the streets;
ii. guarantee an immediate investigation into the circumstances of the deaths in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. guarantee respect for human rights and fundamental freedoms throughout the country in accordance with national law, regional and international human rights standards, in particular the Convention on the Rights of the Child.

Addresses:

· Ing. Ricardo Maduro Joest, Presidente de la República de Honduras, Palacio Presidencial, Tegucigalpa, D.C., Honduras, Secretario Privado: Xavier Arguello, Tel.: (+ 50 4) 235 68 43. Celular: (+ 50 4) 978 25 28 y (+ 50 4) 978 25 29. Fax: (+50 4) 221 45 92
· Crnel (r) Juan Angel Arias, Secretario de Estado en el Despacho de Seguridad Pública, Ministerio de Seguridad, Barrio Casamata, Tegucigalpa, D.C., Tel.: (+ 50 4) 220 17 12, Fax: (+ 50 4) 220 17 11
· Abog. Roy Edmundo Medina, Fiscal General del Estado, Ministerio Público, Col. Lomas del Guijarro, Tegucigalpa, D.C., Tel: (+ 50 4) 221 56 70 y (+ 50 4) 221 30 99, E-mail: fiscal@edured.net. Fax: (+ 50 4) 221 30 99
· Lic. Porfirio Lobo Sosa, Presidente Congreso Nacional de Honduras, Palacio Legislativo, Tegucigalpa, D.C., Honduras, Teléfono: (+ 50 4) 220 53 37, E-mail: pepelobo01@hotmail.com
· Misión Permanente de la República de Honduras ante las Naciones Unidas, Ginebra, Suiza, Fax. : (+ 41 22) 710 07 66 ; e-mail : mission.honduras@ties.itu.int

Please also write to the diplomatic representatives of Honduras in your country.

Geneva, 13 September 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.