US embassy cable - 05TEGUCIGALPA1692

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 001692 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR INL/LP, DRL/PHD, AND EB 
STATE FOR WHA/PPC AND WHA/CEN 
STATE PASS AID FOR LAC/CAM 
 
E.O. 12958: N/A 
TAGS: KJUS, KCRM, PGOV, PHUM, PREL, ECON, PINR, HO 
SUBJECT: Honduran Public Ministry and the Fight Against 
Corruption in the Administration of Justice 
 
 
1. (SBU) SUMMARY:  Corruption is a pervasive problem in 
Honduras, one that severely compromises the effective 
administration of justice (AOJ) and rule of law.  Corruption 
involving police, prosecutors, and judges is common and 
extremely damaging.  The U.S. AOJ strategy in Honduras, 
which includes multiple agencies, is aimed at consolidating 
a stable democracy with a justice system that protects human 
rights and the rule of law.  Debt forgiveness by the G-8, 
the signing of the Millennium Challenge Compact, and U.S. 
congressional approval of CAFTA have recently expanded the 
realm of U.S interests and initiatives that need an 
effective rule of law in Honduras.  However, reform cannot 
be achieved purely through external pressures but must be 
supported by genuine internal political will.  End Summary. 
 
Difficulties within the Police and Public Ministry 
--------------------------------------------- ----- 
 
2. (U) According to the 2004 Transparency International 
list, Honduras is ranked 114 out of 146 countries surveyed, 
(146 being the most corrupt).  Honduras was eight spaces 
lower than in 2003 since eight new countries were included 
in the 2004 survey, all of whom were deemed less corrupt 
than Honduras.  Despite this poor international reputation, 
Honduran police demonstrate a general lack of interest in 
investigating corruption and have no specialized capacity to 
do so.  The only anti-corruption units in place are located 
within the prosecutor's offices at the Public Ministry's 
Organized Crime Unit, which works with the Frontier Police 
Special Investigative Unit, the DGSEI.  The Organized Crime 
unit in Tegucigalpa has only one investigator to assist 14 
attorneys and the other in San Pedro Sula has no 
investigators. 
 
3. (U) USAID consultants and representatives from Florida 
International University (FIU), which implements USAID's AOJ 
program in Honduras, believe that insufficient training and 
the existing divide between the Public Ministry and the 
police exacerbate broader problems of corruption in the 
investigation of crimes and the overall administration of 
justice.  Training run by the International Narcotics and 
Law Enforcement Affairs (INL)/police assistance office 
teaches basic criminal investigation procedures, training 
lawyers and police side-by-side in an effort to bridge the 
divide and strengthen inter-institutional coordination. 
Graduates of the first such training program will go on to 
train larger groups of intermingled classes.  It is hoped 
that a stronger bond between the two institutions will begin 
to improve results and aid other efforts, from strengthening 
professional associations to loosening the controlling grip 
of political elites. 
 
4. (SBU) The Public Ministry, like many other Honduran 
institutions, suffers from the disproportionate 
concentration of resources in Tegucigalpa and San Pedro Sula 
and an over-personalization of power.  Former Attorney 
General Ovidio Navarro's leadership was widely seen as 
ineffective and overly receptive of outside interference. 
In October 2004, 15 pending high-profile corruption cases 
were temporarily dismissed.  After protesting the 
dismissals, 10 prosecutors (members of the reform-minded 
Association of Prosecutors) were fired and six were 
transferred to remote outposts.  Many of the positions were 
not refilled, including one responsible for training and 
guidance of other prosecutors.  The former Attorney General 
and his original Director General of Prosecutors were also 
rumored to seek advice from individuals outside the Public 
Ministry on high profile cases and disregard opinions of 
knowledgeable subordinates. 
 
Delays, Corruption, and Judicial Procedure 
------------------------------------------ 
 
5. (SBU) The recently reformed Criminal Procedure Code has 
begun to introduce transparency in the form of an oral 
adversarial process and has helped expedite the judicial 
process, but corruption persists.  Notably, the political 
will to actually affect change is weak.  Bribery and/or 
political intimidation of police, prosecutors, and judges 
are common and damaging.  Even honest police, prosecutors, 
and judges face strong pressure from political and economic 
elites and are vulnerable in a judicial system with 
insufficient independence. 
 
6. (SBU) Similar to the problematic old criminal justice 
system, the civil justice system suffers from processing 
delays, poor preparation by the prosecution, and perhaps 
even larger corruption issues.  Civil cases remain 
unresolved for an average of seven years, and most parties 
steer clear of the dysfunctional system altogether.  Some of 
the delay is due to a shortage of personnel and the 
complicated written process of prosecution under the civil 
code.  Though personnel and training alone will not address 
the root causes of corruption, they could help, especially 
if implemented in conjunction with a less opaque system.  A 
new proposed Civil Procedures Code, drafted with USAID 
assistance, proposes increased transparency by reforming the 
civil code along the lines of the criminal code.  The draft 
law is currently pending before Congress. 
7. (SBU) COMMENT:  The number one problem facing the 
Honduran justice system is the general lack of political 
will to fight corruption.  Its effects are apparent in all 
branches of government, including the lack of coordination 
between the investigation and prosecution of crimes. 
Corruption is entrenched in the legal system and leads many 
citizens to skip reporting crimes to police.  Now more than 
ever, the battle against corruption at all levels, 
especially in the administration of justice, must remain a 
top priority.  During the months of June and July, Honduras 
enjoyed unprecedented and overwhelmingly positive 
international media coverage of debt forgiveness by the G-8, 
the signing of the Millennium Challenge Compact, and the 
passage of CAFTA in both the chambers of the U.S. Congress. 
The future success of these initiatives is contingent on 
continued Honduran efforts to prevent, aggressively 
investigate, and prosecute corruption at the highest levels 
when it occurs. 
 
8. (SBU) Comment continued: Constant pressure against 
corruption in general, and specifically against corruption 
in the administration of justice, will help pave the way to 
increase judicial security in Honduras.  The mere perception 
of judicial insecurity can be extremely damaging to the 
GOH's international credibility.  The image of unending 
corruption in Honduras could exacerbate criminal activity, 
attracting individuals looking for places to launder money 
and traffic people, drugs, and arms.  The fight against 
corruption in Honduras is an uphill battle facing obstacles 
at every turn.  It must, however, be a clear priority of 
whichever party wins the November 27 national elections if 
the end goal is to create a more stable and just democracy 
that can be trusted by the people it serves.  While 
assistance from the international donor community, including 
the U.S., is critical, this reform cannot be achieved purely 
through external pressures, but must be supported by genuine 
internal political will to succeed.  END COMMENT. 
 
Williard