Analysis of Executive Decree PCM-29-22 (The State of Exception)
Journal Article: Analysis of Executive Decree PCM-29-22 (The State of Exception)
Journal: Columbia University’s Institute of Latin American Studies Center for Mexico and Central America Regional Expert Paper Series
Date of Publication: October 2023
Authors: Jennifer Matamoros; Carlos Joaquín Méndez; and Iliana Monzerath Licona. The original report in Spanish was produced under the direction and supervision of Jennifer Matamoros, Delegada Adjunta II, and was written by Carlos Joaquín Méndez, Director del Observatorio Nacional de Derechos Humanos (coordinador) and Iliana Monzerath Licona, Oficial Jurídico del Observatorio Nacional de Derechos Humanos. For more information about this publication, please visit CONADEH’s website at: www.conadeh.hn.
How to Cite: Matamoros, J.; Méndez, J.; Licona, M. Analysis of Executive Decree PCM-29-22 (The State of Exception), Columbia Institute of Latin America Studies Expert Paper Series (October 2023). https://ilas.columbia.edu/sites/default/files/content/CeMeCA_Paper10_CONADEH_English.pdf
Abstract: Report by the Honduran Human Rights Commission (CONADEH) on the first period of the country's "State of Emergency" decree. The data analyzed here show a serious discrepancy between the information that was being officially communicated by the National Police to the public and the data that CONADEH has been able to verify. This includes evidence that 95% of detentions during this period were for minor offenses, and only 1% of detentions were related to the crime of extortion (which was, officially, the rationale for the suspension of rights that came with the Decree). In addition, the identities of some people detained were not recorded, and detentions occurred far beyond the zone designated as part of the Decree. It is highly worrying for CONADEH that in view of these data, the State of Emergency has been extended. This extension necessarily implies two scenarios: either 1) these data were not analyzed, meaning the State's duty to build a broad and sufficient justification capable of arguing the suitability, necessity, and proportionality of the extension of the measure was not taken seriously; or 2) the information presented here was ignored, constituting an excessively discretionary decision on the part of the corresponding authorities.
CONADEH is the National Human Rights Institution (NHRI) of Honduras that enjoys functional, administrative, technical, and judgmental independence. It has a constitutional mandate to ensure the promotion, protection and defense of human rights and fundamental freedoms of the inhabitants of the country, especially those of people in vulnerable situations, by monitoring the actions or omissions of State institutions as a whole as well as private entities that provide public services, in order to comply with human rights obligations to achieve respect for the dignity of the human person, strengthening the rule of law and democratic governance.
The full text of the article is available in a PDF version on the website, here.
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