IACHR Reminds Honduras that the Appointment of the Attorney General Is Crucial to Preserve Judicial Independence

December 21, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) calls on the State of Honduras to protect judicial independence by ensuring that the recruitment process to appoint the country's Attorney General and Deputy Attorney General complies with the applicable inter-American standards.

After the Honduran National Congress went into recess on October 31, a standing committee of Congress appointed the Acting Attorney General and Deputy Attorney General on November 1, because both positions were vacant. These appointments were made amid allegations of irregularities in the selection process and amid violence in the National Congress which allegedly sought to prevent opposition political parties from being involved in both appointments.

In keeping with the dispositions held in the Honduran constitution, the process to permanently fill both positions is to be relaunched on January 25, 2024, once the legislative recess is over. However, according to the available reports, the mandates of the two acting officials risk being indefinitely extended, in an undue move based on the lack of agreement in the National Congress. These extensions would affect judicial independence.

The Commission once again calls on all political parties to engage in constructive dialogue, as required in a representative democracy, to relaunch the process to appoint the Attorney General and the Deputy Attorney General in keeping with Honduran legislation, with due process, and with the inter-American standards applicable on the subject of judicial independence.

The process to recruit the Attorney General and Deputy Attorney General is vital, because both positions are essential to investigate crimes and fight impunity. The Commission stresses the need to ensure transparency and access to information in this process, as well as the need to ensure that the process is fair and non-discriminatory and is based on merit and candidate background.

The State must adopt safeguards to prevent discretionary actions by the individuals involved in the recruitment process and to keep in check the vested interests and the party interests that might prevent the appointment of suitable, capable individuals.

The IACHR trusts that the State of Honduras, through its National Congress, will respect these aspects that are the essence of representative democracy, of the separation of powers, and of the system of check and balances, and that generally protect civil liberties and human rights.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 312/23

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