US embassy cable - 03TEGUCIGALPA1904

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 001904 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR WHA/CEN, WHA/PPC, INL/LP, AND DRL/PHD 
 
E.O. 12958: N/A 
TAGS: PGOV, KCRM, KJUS, PHUM, HO 
SUBJECT: HONDURAN CONGRESS VOTES TO CRIMINALIZE GANG 
MEMBERSHIP 
 
1. (U) SUMMARY:  On August 8, the Honduran National Congress 
approved a bill banning membership in street gangs and other 
groups that associate for the purpose of committing crimes. 
The bill prescribes prison terms for those convicted of being 
gang members, with sentences ranging from three to 12 years 
depending on the individual's level of involvement and 
seniority.  Congress unanimously approved the bill, 
reflecting the overwhelming popular sentiment that the 
Government do something about gang-related street crime, 
which in recent years has reached epidemic proportions. 
President Ricardo Maduro publicly applauded Congress for 
approving the bill, and there seems to be nothing standing in 
the way of this legislation entering into force.  However, 
questions persist as to how effective this law will be, and 
potential concerns for the right to free association in 
Honduras if abused.  END SUMMARY 
 
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A Popular Bill Passes Easily 
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2. (U) On August 8, the Honduran National Congress approved a 
bill banning membership in street gangs and other groups that 
associate for the purpose of committing crimes.  The bill, an 
amendment to Article 332 of the Penal Code, sanctions 
"penalties of nine to 12 years of confinement and fines of 
10,000 to 20,000 lempiras (USD 575-1,150) for bosses and 
leaders of groups that associate with the intention of 
committing (crimes)."  The bill also calls for rank and file 
gang members to be sentenced to a third of the amount of 
prison time given bosses. 
 
3. (U) The bill passed in the National Congress without a 
single vote in opposition, and President Maduro seems 
enthusiastic about signing it into law.  He said, "As soon as 
it is published in La Gaceta (the Honduran equivalent of the 
Federal Registry), we will go immediately to the streets and 
do what the Honduran people demand."  President of the 
Supreme Court Vilma Morales did not raise any constitutional 
objections to the bill, but said that the nation's 
penitentiary system would have to be revamped to accommodate 
the eminent wave of new prisoners. 
 
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A Fix or a P.R. Move? 
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4. (SBU) COMMENT: While the exact number is unknown, it is 
widely speculated that there are around 30,000 active gang 
members nationwide, primarily in the major urban centers of 
Tegucigalpa and San Pedro Sula.  Moreover, most of the 
violent crimes committed in Honduras are reported by the 
police and by the local news media as being gang-related. 
Post notes that the GOH is prone to blame almost all violent 
crime on gang-related violence, disregarding other elements, 
such as organized crime and narco-traffickers, that also 
contribute to the high crime rate in Honduras (and often 
involve the vested interests of corrupt elite).  For these 
reasons, however, this type of legislation is very popular 
with the majority of Hondurans, who feel threatened by 
violent crime and are primed for a crackdown on street gangs. 
 
5. (SBU) While this new legislation could lead to increased 
levels of incarceration for Honduran gang members, it is 
certainly not a panacea for long-term crime fighting.  It is 
reportedly a Honduran derivative of the U.S. Racketeer 
Influenced and Corrupt Organizations (RICO) statutes, which 
can be an effective tool but is difficult to prosecute given 
the challenge of having to prove conspiracy.  Also, given the 
government's budgetary constraints, funding a possible 
expansion and improvements in Honduran prisons necessary to 
cope with the probable influx of new prisoners into an 
already overcrowded and dysfunctional penitentiary system 
would be difficult.  In addition, there is no adjacent 
legislation to address any of the underlying reasons for 
crime and gang membership, such as poverty, inequality, and 
lack of opportunities for economic and social advancement 
(issues which the Government of Honduras has been less than 
successful at addressing).  If not administered in a just and 
transparent manner this law could cause concerns for the 
exercise of civil liberties, especially if a government were 
to misguidedly use the law to discourage anti-government 
activity.  END COMMENT. 
Pierce