HONDURAS: UN representative advises State to derogate "Anti-gang law"

[TEGUCIGALPA, 20 April 2010] – A representative of the UN Committee on the Rights of the Child, Susana Villarán de la Puente, has advised authorities in Honduras to derogate a law restricting children's freedom of association...

Villarán de la Puente said article 332 of the country's penal code, known as the “Anti-gang law”, violates children's right to freedom of association as set out in the UN Convention on the Rights of the Child and urged the State to instead tackle the causes of young people's involvement in gangs...

Article 332 of the Penal Code states in the first paragraph that: “the crime of founding or leading a gang or illicit group will be punishable by three to six years imprisonment and a fine of one or two thousand lempira [approximately 50 - 100 dollars]. Members of such groups will be subject to the same sentence reduced by a third.”

The UN Committee on the Rights of the Child observed in its latest Concluding Observations to Honduras that “...owing to the policy of repressing gangs, the crime of Illicit Association has, in some cases, been interpreted too broadly, resulting in the violation of children's rights under article 15 of the UN Convention on the Rights of the Child which addresses the right to freedom of association.”

The Committee also urged the State to prohibit torture and implement measures against cruel, inhuman and degrading treatment against children in all circumstances, in particular during and after arrest.

“This means emphasising prevention over punishment and restricting imprisonment to those cases where all educational measures have been exhausted.”...

Torture and killings

The UN Committee is concerned by information it has received about children being beaten during or following their arrest. It has also received information indicating that some children child victims of extrajudicial killings had been tortured before being killed...

Villarán de la Puente declared that the “Committee recommends carrying out investigations into all allegations of maltreatment and abuse by police and, if such allegations are found to be true, that those responsible are prosecuted.”...

Incriminating children

The Committee urges States not to lower the minimum age of criminal responsibility and that, on the contrary, the Convention indicates in its provisions that this age should be raised, said the UN official.

“If the age of criminal responsibility is 16, this must not be lowered; if it is 18, this must not be lowered... International experience demonstrates that lowering the minimum age of criminal responsibility is entirely counter-productive.”

She warned that if the State were to take this course of action and adults involved in organised criminal networks started to approach younger children because they could not be punished, this would favour these adults who should be held accountable for incriminating children...

Accountability

The Committee member reassured State representatives that the aim of her visit was not to damage Honduras' international reputation, but to promote compliance with the CRC.

“Here, we cooperate with authorities and civil society organisations, and our vision is influenced by what we hear. The Committee will issue new recommendations to Honduras in 2012.”...

Further information

Association: La Tribuna (translated by CRIN)

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