8
37.
The Commission, the representatives, and the State presented the expert
opinions authenticated or given before a notary public, in response to that stated by
the Court in its Ruling of November 24, 2005 (supra para. 20). Said expert opinions
are summarized below.
1.
Expert witness proposed by the Inter-American Commission
a)
Leo Valladares Lanza,
Commissioner of Honduras
former
National
Human
Rights
He was the National Human Rights Commissioner from October 1992 up to March 5,
2002. On January 21, 2002 he published the “Special Report on the Violent Deaths of
Boys, Girls, and Teenagers in Honduras,” where he summarizes the findings and
presents a series of conclusions and recommendations to the State, which he
enclosed in his expert opinion.
The State has adopted measures seeking to improve the situation with children, but
there are still an elevated number of young deaths and the almost complete
ineffectiveness in their investigations persists, as well as the lack of sanctions upon
those responsible. Police officers accused of abusing children’s’ human rights have
been brought before the courts, but the number is low in comparison with the
number of cases denounced. The State has increased repressive measures against
youngsters. On one hand, there is no criminal policy to avoid the abuse against
youngsters, and on the other hand, the prevention and protection measures are
weak. The Honduran Institute for Children and the Family (hereinafter “IHNFA”) is
characterized by its bureaucracy, which makes it inefficient. Similarly, the Code for
Children and Teenagers, despite being in force for a decade, has not had an effective
application and the judges have not received a proper formation. Honduras is the
country with the highest poverty levels in the hemisphere, but this does not justify
that the main problems be left unattended, and one of them is the situation of boys,
girls, and teenagers.
From his Report as National Human Rights Commissioner and of the observations of
the current situation, the expert witness concludes that there is a context of violence
with regard to boys, girls, and teenagers in Honduras, that impunity persists, and
that inmates are not offered an adequate treatment.
2.
Expert witnesses proposed by the representatives
a)
Reina Auxiliadora Rivera Joya, current executive director of the
non-governmental organization, Center for the Investigation and
Promotion of Human Rights, former Criminal Judge and former
assistant district attorney of the Human Rights Public Prosecutors’
Office.
During the decades of the eighties and nineties and the beginning of the twenty-first
century, the State has gone from worrying about national security and the regional
armed conflict to a fear for public safety, especially due to the increase of organized
crime and street violence.
Given the increase in the number of homicides as of the year 1992, police bodies
started giving common delinquency a priority as well as trying to comply with their