1. Stopped By The Police On The Street, Now What?
- Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.
- It is not a good idea to touch the officers. Keep your hands where the police can see them.
- It is not a good idea to resist, even if you're innocent or if you think the police are acting unfairly or unlawfully.
(a) Can the police arrest you for refusing to answer questions?
In general, you have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. Sometimes you must give your name if asked to identify yourself. As a general rule, you are not required to talk to the police.
Finally, you cannot be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law.
Only under certain circumstances and if the police suspects that a crime has been committed or in flagrante delicto the police, or any person for the sole purpose of handing you over the authority, may arrest you.
Also, in some cases, if you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detain you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
Police and Social Coexistence Law Legislative Branch Decree No. 001
Ley de Policía y de Convivencia Social Poder Legislativo Decreto No. 226-2001
Article 56:
In cases of resistance or unfounded refusal, to present identity documents or ownership of vehicles or objects of necessary carrying, it may be required to drive said persons to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for the indispensable time.
Source:
Decreto Nº 226-2001. Ley de policía y de Convivencia Social (refworld.org.es)
(b) What if the officers do not identify themselves?
Police officers do not have to disclose their identity however they must identify themselves when detaining or arresting someone.
Organic Law of the National Police of Honduras
Ley Orgánica de la Policía Nacional de Honduras
Article 24:
The following are obligations of the members of the National police: ...
15) Identify yourself at the time of making an arrest and provide the information established in the Criminal Procedure Code and the police procedures established for arrests;...
Source:
31-10-2008 Portada No. 31,749 LEY POLICÍA Dec. No. 67-2008.pmd (tsc.gob.hn)
(c) What if an officer just begins speaking to me but does not order me to do anything?
In general, you have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some cases, you must give your name if asked to identify yourself.
Criminal Procedure Code – Honduras:
Article 101:
The accused persons and their rights. ….
5) They have the right to refrain from making any statement without this being used to their detriment and if they agree to do a statement, they have the right to have their defense attorney present at the time it is rendered, as well as in any other procedure in which the presence of the accused is required; …
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(d) What if the officer is not in uniform or identified as an officer but I think it is one?
All police agents must wear only the authorized police uniforms during duty, carry the weapons and regulatory equipment and the identifications that accredit them as a police authority, unless the nature of the police work they carry out requires another type of clothing.
They must identify themselves, and it is a serious offense (with criminal consequences) not to use the identification or hide it to avoid being identified, while on duty, except if the nature of the work requires this, and it has been duly authorized.
If they are off duty, police agents do not have to disclose their identity; if you think the person is a police agent you should ask them to confirm their identity. If they refuse, or say they're not a police officer, you do not need to answer any questions from them.
Organic Law of the National Police of Honduras
Ley Orgánica de la Policía Nacional de Honduras
Article 25:
All police agents must wear only the authorized police uniforms during duty, carry the weapons and regulatory equipment and the identifications that accredit them as a police authority, unless the nature of the police work they carry out requires another type of clothing.
Article 123:
Serious offenses are:
26) Do not use identification or hide it to avoid being identified, while on duty, except in those cases in which it is duly authorized; […]
If, when committing a serious offense, the constitution of a criminal act is derived, the Public Ministry will be notified.
Source:
31-10-2008 Portada No. 31,749 LEY POLICÍA Dec. No. 67-2008.pmd (tsc.gob.hn)
Criminal Procedure Code Honduras
Article 282:
Rules to which the arrest or capture of a person is subject.
To apprehend, detain or capture a person, members of the National police must act according to the following rules:...
1) Identify themselves, at the time of capture, as agents of the authority, for which they will display the card or plate that accredits them as such;...
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(e) Can I tell police I do not want to speak without a lawyer?
Yes, you have the right to remain silent and you have the right to be represented by an attorney.
Constitution of the Republic of Honduras
Article 82:
The right of defense is inviolable. The inhabitants of the Republic have free access to the courts to bring actions in accordance with law.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
Criminal Procedure Code – Honduras:
Article 101:
The accused persons and their rights. ….
5) They have the right to refrain from making any statement without this being used to their detriment and if they agree to do a statement, they have the right to have their defense attorney present at the time it is rendered, as well as in any other procedure in which the presence of the accused is required; …
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(f) If I sit down, am I resisting?
It depends. If you are viewed as being obstructive of a police investigation then sitting down may be considered resisting. You could be subject to arrest and penalty for obstructive behavior.
Resisting arrest occurs when a person interferes with a law enforcement officer's attempt to perform a lawful arrest, you may be liable to legal consequences (Art. 346 of the Penal Code).
Criminal Code - Honduras
Chapter II Disobedience
Article 346:
Whoever disobeys an authority by openly refusing to give due compliance to sentences, resolutions or orders issued within the limits of his competence and covered by the legal formalities, shall be punished with imprisonment of one (1) to three (3) years.
CODIGO PENAL DE HONDURAS (oas.org)
(g) If I am stopped in a group, and some kids run, can I run?
Running may put yourself in a worse position because it can potentially provide a police officer with authority to take further action against you.
Try to stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where the police can see them.
You can ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
Secondary sources advise against running from police. Unclear whether there is a legally-significant distinction.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
(h) Can I tell others (siblings, for example) to run?
Running may put yourself and others in a worse position because it can potentially provide a police officer with authority to take further action against you.
Try to stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where the police can see them.
You can ask if you all are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
Secondary sources advise against running from police. Unclear whether there is a legally-significant distinction.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
(i) If the officer's language is not my first language, can I tell them without waiving my rights?
Yes, you can inform the police agents that you do not understand Spanish. In that case an interpreter must be contacted and must translate all communications.
Criminal Procedure Code – Honduras:
Article 125:
Language and form in which procedural acts must be carried out. In the procedural acts, only the official language may be used, under penalty of nullity, however, if the person questioned cannot understand or can express himself in Spanish, the courts may allow the interrogations to be carried out in the language of the person questioned. In which case, the intervention of a translator who must take an oath in accordance with article 129 of this Code will be essential.
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(j) If I did not do anything, can they stop me?
You cannot be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law.
In some cases, if you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detain you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
Police and Social Coexistence Law Legislative Branch Decree No. 226-2001
Ley de Policía y de Convivencia Social Poder Legislativo Decreto No. 226-2001
Article 56:
In cases of resistance or unfounded refusal, to present identity documents or ownership of vehicles or objects of necessary carrying, it may be required to drive said persons to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for the indispensable time.
Source:
Decreto Nº 226-2001. Ley de policía y de Convivencia Social (refworld.org.es)
2. When Can Police Search Your and Your Surroundings?
It is important to follow this advice:
- You have the right to say no to searches of your person.
- You have the right to say no to searches of your car, house or other surroundings.
- You cannot be arrested for refusing to consent to a search without a warrant.
- A warrant is a court order, so you have no choice but to consent.
(a) What if a police officer wants to search my phone?
The police must acquire a warrant before searching your phone, however, if you freely and voluntarily allow them to search it, they don't need a warrant.
Constitution of the Republic of Honduras
Article 100:
Every person has the right to the inviolability and secrecy of correspondence, especially mail, telegrams and telephone, except by judicial order. Books and documents of merchants and their private papers shall be subject only to inspection and supervision by the competent authorities, in accordance with law. The communications, books and documents referred to in this article that are violated or seized shall not serve as evidence in a trial. In any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(b) What if a police officer asks me for my password to my phone?
The police must acquire a warrant first, unless you freely and voluntarily give them your password.
Constitution of the Republic of Honduras
Article 100:
Every person has the right to the inviolability and secrecy of correspondence, especially mail, telegrams and telephone, except by judicial order. Books and documents of merchants and their private papers shall be subject only to inspection and supervision by the competent authorities, in accordance with law. The communications, books and documents referred to in this article that are violated or seized shall not serve as evidence in a trial. In any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(c) What if they tell me to give them my password or other access to my phone?
They must have a warrant beforehand.
Constitution of the Republic of Honduras
Article 100:
Every person has the right to the inviolability and secrecy of correspondence, especially mail, telegrams and telephone, except by judicial order. Books and documents of merchants and their private papers shall be subject only to inspection and supervision by the competent authorities, in accordance with law. The communications, books and documents referred to in this article that are violated or seized shall not serve as evidence in a trial. In any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(d) Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?
They must have a warrant beforehand. The police can only search your phone if you give them permission to do so, or if they have a valid warrant for the search.
In certain rare cases, police agents may search your phone if there was a danger, or in flagrante delicto and that a search of your cell phone was the only way to reasonably prevent or escape that danger.
Constitution of the Republic of Honduras
Article 100:
Every person has the right to the inviolability and secrecy of correspondence, especially mail, telegrams and telephone, except by judicial order. Books and documents of merchants and their private papers shall be subject only to inspection and supervision by the competent authorities, in accordance with law. The communications, books and documents referred to in this article that are violated or seized shall not serve as evidence in a trial. In any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(e) What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)
N/A
(f) Can they search my backpack or other item I am carrying?
The police need a warrant to search your backpack or other items you are carrying, unless you freely and voluntarily let them.
Constitution of the Republic of Honduras
Article 100:
Every person has the right to the inviolability and secrecy of correspondence, especially mail, telegrams and telephone, except by judicial order. Books and documents of merchants and their private papers shall be subject only to inspection and supervision by the competent authorities, in accordance with law. The communications, books and documents referred to in this article that are violated or seized shall not serve as evidence in a trial. In any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(g) Can they take my picture or record me?
Taking photographs and recording you when you are plainly visible in public spaces is permissible.
Constitution of the Republic of Honduras
Article 100:
Every person has the right to the inviolability and secrecy of correspondence, especially mail, telegrams and telephone, except by judicial order. Books and documents of merchants and their private papers shall be subject only to inspection and supervision by the competent authorities, in accordance with law. The communications, books and documents referred to in this article that are violated or seized shall not serve as evidence in a trial. In any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(h) Can they ask me where I am going and why?
They can ask but you do not have to tell them.
In general, you have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some cases, you must give your name if asked to identify yourself.
Criminal Procedure Code – Honduras:
Article 101:
The accused persons and their rights. ….
5) They have the right to refrain from making any statement without this being used to their detriment and if they agree to do a statement, they have the right to have their defense attorney present at the time it is rendered, as well as in any other procedure in which the presence of the accused is required; …
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
3. Reasons Police May Detain or Arrest You
It is important to follow this advice:
- The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
- Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
- It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
- If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
- If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.
(a) What if I did not do anything illegal, must I speak with the police and answer questions?
You are not required to answer any questions if approached by police agents. You can ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
In some cases, the police agents can ask you to provide your identity, If you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detained you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
Note that if you did not commit a crime, you may be able to clear your name and help the police to find the actual perpetrator of a crime by cooperating and answering some straightforward questions.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a warrant from a competent authority, issued in accordance with the legal formalities and for reasons previously established by law. Notwithstanding, a person in flagrante delicto may be apprehended by anyone, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(b) What if they tell me something they are investigating that is wrong? Must I correct them?
You are not required to answer any questions if approached by police agents. You can ask if you are free to leave. If the officer says yes, calmly and silently walk away.
Note that if you did not commit a crime, you may be able to clear your name and help the police to find the actual perpetrator of a crime by cooperating and answering some straightforward questions and letting them know if something they are telling you is wrong.
Criminal Procedure Code – Honduras:
Article 101:
The accused persons and their rights. ….
5) They have the right to refrain from making any statement without this being used to their detriment and if they agree to do a statement, they have the right to have their defense attorney present at the time it is rendered, as well as in any other procedure in which the presence of the accused is required; …
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(c) What if an officer just begins speaking to me but does not order me to do anything?
You are not required to answer any questions if approached by police agents. You can ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a warrant from a competent authority, issued in accordance with the legal formalities and for reasons previously established by law. Notwithstanding, a person in flagrante delicto may be apprehended by anyone, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(d) What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?
Before you are arrested, you can ask if you are free to leave. If the officer says yes, you can walk away. Once you are placed under arrest or are in police custody (when you are not free to leave), the police are required to inform you about your rights and the charges against you and any statement you make after being properly arrested may be used as evidence against you.
After being arrested you have the right to the presence of an attorney.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a warrant from a competent authority, issued in accordance with the legal formalities and for reasons previously established by law. Notwithstanding, a person in flagrante delicto may be apprehended by anyone, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Article 82:
The right of defense is inviolable. The inhabitants of the Republic have free access to the courts to bring actions in accordance with law.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
Criminal Procedure Code – Honduras:
Article 101:
The accused persons and their rights. ….
5) They have the right to refrain from making any statement without this being used to their detriment and if they agree to do a statement, they have the right to have their defense attorney present at the time it is rendered, as well as in any other procedure in which the presence of the accused is required;
Article 282:
Rules to which the arrest or capture of a person is subject. To apprehend, detain or capture a person, members of the National police must act according to the following rules:...
6) Inform those detained or arrested, at the time of their detention or arrest, as clearly as possible, about the reason for the arrest and put them express the right they have to: inform a relative or person of their choice; to be assisted by a defender; to keep silent; not testify against themselves, against their spouse or domestic partner, or against their relatives within the fourth degree of consanguinity or second degree of affinity and that only the statement made before a competent judge proves; of his right to be examined by a forensic doctor or, his presence not being possible without long delay, by another available doctor to record your condition physical, and can attend to it if necessary and, in general, in detail, in how many rights are recognized to the accused in article 101 of this Code.
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
4. The Difference Between Police TELLING Me What To Do And Asking Me To Do Something
It is important to follow this advice:
When you agree to a search, the police has the right to complete the search. If you do not agree to the search, and the police search anyways, without a warrant, you may later be able to argue that anything found during the search cannot be used against you.
Constitution of the Republic of Honduras
Article 100:
Every person has the right to the inviolability and privacy of communication, specifically mail, telegrams and telephone conversations, except by judicial order. Books and documents of merchants and their private papers shall be subject only to inspection and supervision by the competent authorities, in accordance with law. The communications, books and documents referred to in this article that are violated or seized shall not serve as evidence in a trial. In any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained.
Source:
Honduras 1982 (rev. 2013) Constitution - Constitute (constituteproject.org)
(a) What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?
While the police need a warrant to search you, they can do it without a warrant if you give consent.
Constitution of the Republic of Honduras
Article 100:
Every person has the right to the inviolability and secrecy of correspondence, especially mail, telegrams and telephone, except by judicial order. Books and documents of merchants and their personal papers shall be subject only to inspection and supervision by the competent authority, in accordance with the Law. The communications, books, papers and documents referred to in this article, that are violated or seized, shall not serve as evidence in a trial. In any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
(b) What if they tell me to give them information versus them asking and me providing answers voluntarily?
After being arrested you have the right to consult a lawyer before speaking to the police and to have a lawyer present during questioning. If you are arrested and you provide police with answers voluntarily, then this information could be used in court.
If the police tell you to give them information, you do not need to answer.
In some cases, the police agents can ask you to provide your identity, If you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detained you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
Note that if you did not commit a crime, you may be able to clear your name and help the police to find the actual perpetrator of a crime by cooperating and answering some straightforward questions.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
Criminal Procedure Code – Honduras:
Article 14:
Inviolability of the right to defense. The right of defense is inviolable.
The accused and his defender have the right to be present in the acts of the process that incorporate evidence and to formulate the requests and observations that deem appropriate, without prejudice to the exercise of the disciplinary power of the authority corresponding, when the rights in reference harm the normal course of the
acts or process.
Article 15:
Technical assistance and defense. Every person must have the assistance and technical defense of a legal professional, since they are arrested as supposed participant in a criminal act or at the moment in which they voluntarily renders declaration, until the sentence has been fully executed.
If the accused does not designate a defender, the judicial authority will immediately request the appointment of one of the public defense or, failing that, the judicial authority will designate one.
This right is inalienable. Its violation will produce the absolute nullity of the acts that occur without the participation of the defendant's defense attorney.
Article 282:
Rules to which the arrest or capture of a person is subject.
To apprehend, detain or capture a person, members of the National police must act according to the following rules:...
6) Inform those detained or arrested, at the time of their detention or arrest, as clearly as possible, about the reason for the arrest and put them express the right they have (…) to keep silent; not testify against themselves, against their spouse or domestic partner, or against their relatives within the fourth degree of consanguinity or second degree of affinity and that only the statement made before a competent judge proves.
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
5. Do Police Need A Warrant To Arrest You?
It is important to follow this advice:
- No. Police officers can legally arrest you without a warrant if the police suspects that a crime has been committed or in flagrante delicto.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
(a) If I did not do anything, can they stop me?
Police can stop you and pat down your clothing if they suspect you have weapon and have a reasonable suspicion that a crime has taken place: under certain circumstances and if the police suspects that a crime has been committed or in flagrante delicto the police may arrest you.
Also, in some cases, if you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detained you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Article 71:
No one may be detained nor held uncommunicated for longer than twenty-four hours after his detainment, without being freed or placed at the order of the competent authority to begin his process of trial. By exception, this term shall be extended by the competent authority to forty-eight hours when it is regarding crimes of complex investigation, due to a multitude of related facts, difficulty in obtaining proof, or because of a high number of suspects or victims. The measure of exceptionalness shall be developed in the Procedural Penal Code. Judicial detention to question may not exceed six days counted from the moment in which it is begun.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
Police and Social Coexistence Law Legislative Branch Decree No. 226-2001
Ley de Policía y de Convivencia Social Poder Legislativo Decreto No. 226-2001
Article 56:
In cases of resistance or unfounded refusal, to present identity documents or ownership of vehicles or objects of necessary carrying, it may be required to drive said persons to the nearby units that have adequate means to carry out the diligence. of identification or accreditation of property, for this sole effect and for the indispensable time.
Source:
Decreto Nº 226-2001. Ley de policía y de Convivencia Social (refworld.org.es)
(b) Can I ask for the reason they stopped me?
Yes, you can ask why they stopped you and refuse to stop unless you're under arrest.
You can also ask the police agent if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
(c) Can I advocate for another young person stopped by police if we are stopped together?
If you are the minor's (persons under fifteen years old) parent or their legal representative, you have the right to be present in the minor interrogation.
Criminal Procedure Code – Honduras:
Article 331:
Interrogation of minors under fifteen (15) years of age. The questioning of persons under fifteen (15) years of age will not be subject to the rules established in the previous article. The same will be done directly by the parties. During the interrogation, the minor's parents or their legal representative may be present. If the interrogation produces alterations in the state of mind of the minor referred to in the preceding paragraph, the court, after hearing the parties, may leave it in abeyance. In assessing what was expressed by said minor, his degree of maturity, his objectivity and the circumstances in which he became aware of the facts will be taken into account.
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(d) If I think the stop is unjustified, what can I do?
If you think that the stop is unjustified, ask the officer if you are under arrest. If you are not under arrest then you should be free to leave.
You can also ask the police agent if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
If your rights are violated, don't try to deal with the situation at the scene, this can escalate to a bigger problem. Try to stay calm, and ask the police agent if you are free to leave. You can talk to a lawyer afterwards, and file a complaint
To file a complaint or to ask questions, their offices are available Monday to Friday, 7:30 a.m. to 3:30 p.m.
- Tegucigalpa
Centro Cívico gubernamental, Torre 1, Piso 19 y 20, Boulevard Juan Pablo II, Esquina República de Corea, Tegucigalpa, M.D.C., Honduras, C.A.
- San Pedro Sula
Col. Trejo 12 y 13 street, 23 avenue, S.O
To file a complaint:
- Via phone:
2242-8641
- Online:
New Complaint (didadpol.gob.hn)
It is important to note that according to Article 387 of the Penal Code, false accusation or denunciation is a crime and shall be punished with imprisonment from 3 to 6 years.
To ask questions without filing a complaint:
- Via phone:
2242-8645
San Pedro Sula: (504) 9551-0544
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
Penal Code of Honduras
Article 387:
(…)
False accusation or report will be punished with imprisonment of three (3) to six (6) years.
Source:
https://www.oas.org/dil/esp/codigo_penal_honduras.pdf
(e) Can I get the officer's identifying information for a future complaint?
Yes. If asked, the police personnel must give you their name and badge number, except in the cases in which they are duly authorized not to identify themselves.
Organic Law of the National Police of Honduras
Ley Orgánica de la Policía Nacional de Honduras
Article 25:
All police agents must wear only the authorized police uniforms during duty, carry the weapons and regulatory equipment and the identifications that accredit them as a police authority, unless the nature of the police work they carry out requires another type of clothing.
Article 123:
Serious offenses are:
26) Do not use identification or hide it to avoid being identified, while on duty, except in those cases in which it is duly authorized; […]
If, when committing a serious offense, the constitution of a criminal act is derived, the Public Ministry will be notified.
Source:
31-10-2008 Portada No. 31,749 LEY POLICÍA Dec. No. 67-2008.pmd (tsc.gob.hn)
6. How Do You Know If You Are Under Arrest?
It is important to follow this advice:
If you are under arrest you have the right to be informed about:
- The facts that are imputed to you;
- Your rights;
- The right you have not to be forced to testify against yourself or your spouse, partner or housemate, or your relatives within the fourth degree of consanguinity or second degree of affinity, but if you decide to do so, you will only test the statement rendered before the Judge;
- The right to report your situation to any person of your choice;
- The right to appoint a defender,
Organic Law of the National Police of Honduras
Ley Orgánica de la Policía Nacional de Honduras
Article 27:
In the act of arresting or detaining a person, the police authority must explain and inform the detainee as clearly as possible about the following rights and extremes:
- The facts that are imputed to him;
- Your rights;
- The right you have not to be forced to testify against yourself or your spouse, partner or housemate, or your relatives within the fourth degree of consanguinity or second degree of affinity, but if you decide to do so, you will only test the statement rendered before the Judge;
- The right to report your situation to any person of your choice;
- The right to appoint a defender who will technically assist him from the very moment of his arrest and provide as much evidence as he deems necessary for the benefit of his defense; and,
- Have him examined by a doctor or forensic doctor, when he or his defender requests it, to record his physical or mental state upon entering the detention center, without prejudice to the appropriate police proceedings.
Source:
31-10-2008 Portada No. 31,749 LEY POLICÍA Dec. No. 67-2008.pmd (tsc.gob.hn)
(a) What if I do not know if I am under arrest?
You are under police custody if you do not feel free to leave, you can ask the police agents if you are free to leave.
If you are under arrest you have the right to be informed about:
- The facts that are imputed to you;
- Your rights;
- The right you have not to be forced to testify against yourself or your spouse, partner or housemate, or your relatives within the fourth degree of consanguinity or second degree of affinity, but if you decide to do so, you will only test the statement rendered before the Judge;
- The right to report your situation to any person of your choice;
- The right to appoint a defender,
Also, If the following happens, you are likely under arrest under the law:
- an officer handcuffs you;
- an officer forcibly holds you down;
- an officer puts you into the back seat of a police car; or
- an officer warns you about your rights.
Organic Law of the National police of Honduras
Article 27:
In the act of arresting or detaining a person, the police authority must explain and inform the detainee as clearly as possible about the following rights and extremes:
- The facts that are imputed to him;
- Your rights;
- The right you have not to be forced to testify against yourself or your spouse, partner or housemate, or your relatives within the fourth degree of consanguinity or second degree of affinity, but if you decide to do so, you will only test the statement rendered before the Judge;
- The right to report your situation to any person of your choice;
- The right to appoint a defender who will technically assist him from the very moment of his arrest and provide as much evidence as he deems necessary for the benefit of his defense; and,
- Have him examined by a doctor or forensic doctor, when he or his defender requests it, to record his physical or mental state upon entering the detention center, without prejudice to the appropriate police proceedings.
Source:
31-10-2008 Portada No. 31,749 LEY POLICÍA Dec. No. 67-2008.pmd (tsc.gob.hn)
(b) What is the difference between detention and arrest?
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
General Assembly resolution 43/173 - 09 December 1988 – United Nations
- "Arrest" means the act of apprehending a person for the alleged commission of an offence or by the action of an authority;
- "Detained person" means any person deprived of personal liberty except as a result of conviction for an offence;
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
General Assembly resolution 43/173 - 09 December 1988 – United Nations
Constitution of the Republic of Honduras
Article 98
No person can be detained, arrested or imprisoned for obligations that do not arise from a crime or offenses.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
(c) If I am handcuffed, am I arrested?
No, you can be handcuffed, for example, during transfers. You are only under arrest once you are notified of the charges against you and inform you of your rights.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Article 85:
No one may be detained or imprisoned in places other than those established by law.
Article 86:
Accused persons subject to criminal prosecution shall, while in detention, have the right to be segregated from convicted persons.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
(d) If my liberty is restricted, am I under arrest?
Not necessarily, as you can be retained for investigation up to six (6) days. You are only under arrest once you are notified of the charges against you and inform you of your rights.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Article 85:
No one may be detained or imprisoned in places other than those established by law.
Article 86:
Accused persons subject to criminal prosecution shall, while in detention, have the right to be segregated from convicted persons.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
Criminal Procedure Code
Article 285:
Rules of the requirement in relation to the detention of the defendant accused.
1) If the accused is in custody, he will be placed under the order of the competent court, within the following twenty-four (24) hours and in the case of a complex investigation crime, due to the multiplicity of the facts related, difficulty in obtaining evidence or due to a high number of defendants or victims, within forty-eight (48) hours following their arrest or apprehension, and the respective prosecutor must, at the same time, present a document stating of the alleged act and its provisional classification, indicating whether judicial detention is considered necessary for a maximum period of six (6) days, justifying, in any case, the concurrence of the legitimizing assumptions required by this Code, or a substitute measure, with a statement of the investigations to be carried out and the need for detention judicial or of the measure sought for its success. Likewise, it will ask the judge to indicate the date and time for the holding of the initial hearing;
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
7. What To Do After Being Warned of Your Rights
It is important to follow this advice:
- You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
- You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea without a lawyer present.
- Make sure you know what you're doing in giving up your rights.
(a) How do things change if I am read my rights by police?
Once you are notified of the charges against you and inform you of your rights by the police, you are now under arrest.
Constitution of the Republic of Honduras
Article 84:
No one may be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law. Notwithstanding, a person in flagrante delicto may be apprehended by any person, for the sole purpose of being handed over to the authority. The arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; and furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
(b) Does it matter where I am when the police read me my rights? (street, station, police car, etc.)
No, but they can only detain or imprison you in places established by law.
Article 85:
No one may be detained or imprisoned in places other than those established by law.
Source:
https://www.constituteproject.org/constitution/Honduras_2013
8. Police Questioning You
It is important to follow this advice:
- You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you.
- Also, in some cases, if you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detain you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
- If police have arrested you and if you are under the age of 18, police are required to immediately notify your parent, caretaker or legal guardian.
Police and Social Coexistence Law Legislative Branch Decree No. 226-2001
Ley de Policía y de Convivencia Social Poder Legislativo Decreto No. 226-2001
Article 56:
In cases of resistance or unfounded refusal, to present identity documents or ownership of vehicles or objects of necessary carrying, it may be required to drive said persons to the nearby units that have adequate means to carry out the diligence. of identification or accreditation of property, for this sole effect and for the indispensable time.
Source:
Decreto Nº 226-2001. Ley de policía y de Convivencia Social (refworld.org.es)
(a) Am I required to make a statement?
You have the right to refrain from making any statements without this being used against you. If you do make a statement, you have the right to always have a lawyer present.
Criminal Procedure Code – Honduras:
Article 101:
The accused persons and their rights. ….
5) They have the right to refrain from making any statement without this being used to their detriment and if they agree to do a statement, they have the right to have their defense attorney present at the time it is rendered, as well as in any other procedure in which the presence of the accused is required; …
Article 282:
Rules to which the arrest or capture of a person is subject.
To apprehend, detain or capture a person, members of the National police must act according to the following rules:...
6) Inform those detained or arrested, at the time of their detention or arrest, as clearly as possible, about the reason for the arrest and put them express the right they have to: inform a relative or person of their choice; to be assisted by a defender; to keep silent; not testify against themselves, against their spouse or domestic partner, or against their relatives within the fourth degree of consanguinity or second degree of affinity and that only the statement made before a competent judge proves; of his right to be examined by a forensic doctor or, his presence not being possible without long delay, by another available doctor to record your condition physical, and can attend to it if necessary and, in general, in detail, in how many rights are recognized to the accused in article 101 of this Code.
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(b) Must police notify my guardian?
If you are under 15 years old, you can have your parents, or guardians present with you during the interrogation.
Criminal Procedure Code – Honduras:
Article 331: Interrogation of minors under fifteen (15) years of age.
The questioning of people under fifteen (15) years of age will not be subject to the rules established in the previous article. The same will be done directly by the parties. During the interrogation, the minor's parents or their legal representative may be present.
If the interrogation produces alterations in the state of mind of the minor to whom it refers the previous paragraph, the court, after hearing the parties, may leave it in abeyance.
In the assessment of what was expressed by said minor, special account shall be taken of his degree of maturity, its objectivity and the circumstances in which it became aware of the facts.
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(c) Must I confess?
You have the right to remain silent and ask for a lawyer. No matter what the police may say, you do not have to say you did anything (confess), explain what happened, give a statement (a written document), or answer any questions.
Note that if you did not commit a crime, you may be able to clear your name and help the police to find the actual perpetrator of a crime by cooperating and answering some straightforward questions.
Criminal Procedure Code – Honduras:
Article 101:
The accused persons and their rights. ….
5) They have the right to refrain from making any statement without this being used to their detriment and if they agree to do a statement, they have the right to have their defense attorney present at the time it is rendered, as well as in any other procedure in which the presence of the accused is required; …
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(d) What adults can I ask to be with me?
If you are under 15 years old, you can have your parents, or guardians present with you during the interrogation.
Criminal Procedure Code – Honduras:
Article 331: Interrogation of minors under fifteen (15) years of age.
The questioning of people under fifteen (15) years of age will not be subject to the rules established in the previous article. The same will be done directly by the parties. During the interrogation, the minor's parents or their legal representative may be present.
If the interrogation produces alterations in the state of mind of the minor to whom it refers the previous paragraph, the court, after hearing the parties, may leave it in abeyance.
In the assessment of what was expressed by said minor, special account shall be taken of his degree of maturity, its objectivity and the circumstances in which it became aware of the facts.
Source:
https://www.oas.org/es/sla/dlc/mesicic/docs/mesicic6_hnd_resp_ppt19.pdf
(e) Who do police have to contact if I am a legal minor?
If a minor (between 12 and 18 years old) is detained or arrested, the parents or legal representatives must be present at the various stages of the proceedings, unless such presence is detrimental to the minors.
In all cases, when a minor is detained, they must be immediately be placed at the disposal of the National Social Welfare Board.
Children and Adolescents of Honduras Code
Código de la Niñez y Adolescencia de Honduras
Article 183:
…their parents or legal representatives to be present at the various stages of the proceedings, unless such presence is detrimental to them;…
Article 185:
When in the investigation of an infraction made by the ordinary judges a child under eighteen (18) years of age and over twelve (12) years of age is involved, copies of the respective file shall be sent without delay to the competent Judge for Children, or whoever takes his place.
If the child is detained, he/she shall be immediately placed at the disposal of the National Social Welfare Board, for the consequent effects.
The violation of this norm will give rise to the application of the corresponding disciplinary measure to the person responsible.
Source:
Código de la Niñez y Adolescencia Honduras (oas.org)
9. How do I Contact A Lawyer and When?
It is important to follow this advice:
- You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
- This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness.
Organic Law of the National Police of Honduras
Ley Orgánica de la Policía Nacional de Honduras
Article 27:
In the act of arresting or detaining a person, the police authority must explain and inform the detainee as clearly as possible about the following rights and extremes:
- The facts that are imputed to him;
- Your rights;
- The right you have not to be forced to testify against yourself or your spouse, partner or housemate, or your relatives within the fourth degree of consanguinity or second degree of affinity, but if you decide to do so, you will only test the statement rendered before the Judge;
- The right to report your situation to any person of your choice;
- The right to appoint a defender who will technically assist him from the very moment of his arrest and provide as much evidence as he deems necessary for the benefit of his defense; and,
- Have him examined by a doctor or forensic doctor, when he or his defender requests it, to record his physical or mental state upon entering the detention center, without prejudice to the police proceedings that proceed.
Source:
31-10-2008 Portada No. 31,749 LEY POLICÍA Dec. No. 67-2008.pmd (tsc.gob.hn)
(a) What if I am just a witness?
You have the right to refrain from making any statements without this being used against you. If you do make a statement, you have the right to always have a lawyer present.
Organic Law of the National Police of Honduras
Ley Orgánica de la Policía Nacional de Honduras
Article 27:
In the act of arresting or detaining a person, the police authority must explain and inform the detainee as clearly as possible about the following rights and extremes:
- The facts that are imputed to him;
- Your rights;
- The right you have not to be forced to testify against yourself or your spouse, partner or housemate, or your relatives within the fourth degree of consanguinity or second degree of affinity, but if you decide to do so, you will only test the statement rendered before the Judge;
- The right to report your situation to any person of your choice;
- The right to appoint a defender who will technically assist him from the very moment of his arrest and provide as much evidence as he deems necessary for the benefit of his defense; and,
- Have him examined by a doctor or forensic doctor, when he or his defender requests it, to record his physical or mental state upon entering the detention center, without prejudice to the police proceedings that proceed.
Source:
31-10-2008 Portada No. 31,749 LEY POLICÍA Dec. No. 67-2008.pmd (tsc.gob.hn)
10. Do Police Always Have To Tell The Truth?
It is important to follow this advice:
- No. The police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
- Sometimes police will lie to try and get you to talk more.
(a) Can the police lie to me?
The police can restrain information during the course of the investigation.
(b) Do I have to tell the police the truth?
You have the right to refrain from making any statements without this being used against you. If you do make a statement, you have the right to always have a lawyer present.
Criminal Procedure Code – Honduras:
Article 101:
The accused persons and their rights. ….
5) They have the right to refrain from making any statement without this being used to their detriment and if they agree to do a statement, they have the right to have their defense attorney present at the time it is rendered, as well as in any other procedure in which the presence of the accused is required; …
Article 282:
Rules to which the arrest or capture of a person is subject.
To apprehend, detain or capture a person, members of the National police must act according to the following rules:...
6) Inform those detained or arrested, at the time of their detention or arrest, as clearly as possible, about the reason for the arrest and put them express the right they have to: inform a relative or person of their choice; to be assisted by a defender; to keep silent; not testify against themselves, against their spouse or domestic partner, or against their relatives within the fourth degree of consanguinity or second degree of affinity and that only the statement made before a competent judge proves; of his right to be examined by a forensic doctor or, his presence not being possible without long delay, by another available doctor to record your condition physical, and can attend to it if necessary and, in general, in detail, in how many rights are recognized to the accused in article 101 of this Code.
Source:
https://www.oas.org/dil/esp/codigo_penal_honduras.pdf
11. How do I make a complaint if I have questions or feel my rights have been violated?
It is important to follow this advice:
The Directorate of police Disciplinary Affairs (DIDADPOL) maintains a technical, administrative, financial and operational autonomy, and oversees investigating all misconduct committed by members of the police career and employees of the Secretariat of Security.
To file a complaint or to ask questions, their offices are available Monday to Friday, 7:30 a.m. to 3:30 p.m.
- Tegucigalpa
Centro Cívico gubernamental, Torre 1, Piso 19 y 20, Boulevard Juan Pablo II, Esquina República de Corea, Tegucigalpa, M.D.C., Honduras, C.A.
- San Pedro Sula
Col. Trejo 12 y 13 street, 23 avenue, S.O
To file a complaint:
- Via phone:
2242-8641
- Online:
New Complaint (didadpol.gob.hn)
It is important to note that according to Article 387 of the Penal Code, false accusation or denunciation is a crime and shall be punished with imprisonment from 3 to 6 years.
To ask questions without filing a complaint:
- Via phone:
2242-8645
San Pedro Sula: (504) 9551-0544
New Complaint (didadpol.gob.hn)
Criminal Code - Honduras
Article 237:
False accusation or denunciation: the crime of false accusation or denunciation is committed when a person is accused of facts, which if true, would constitute crimes that give rise to ex officio proceedings, if the accusation is made before an administrative or judicial official who by reason of his position must proceed to its investigation or punishment. False accusation or denunciation shall be punished with imprisonment from 3 to 6 years.
Source:
https://www.oas.org/dil/esp/codigo_penal_honduras.pdf
12. What if I feel I was a victim of discrimination or racism?
It is important to follow this advice:
You can reach out to the Unidad de Monitoreo y Denuncias of OACNUDH-Honduras. The Unit receives complaints of alleged human rights violations and follows up on them by maintaining constant communication with the victims, members of civil society organizations and state institutions.
13. How can I respond to circumstances involving discrimination?
It is important to follow this advice:
You can reach out to the Unidad de Monitoreo y Denuncias of OACNUDH-Honduras. The Unit receives complaints of alleged human rights violations and follows up on them by maintaining constant communication with the victims, members of civil society organizations and state institutions.
14. What can you do if the police perform an improper search? Or I was improperly detained?
It is important to follow this advice:
In these cases, you can file a habeas corpus. Which is the most expeditious and effective to request the release of a person that was illegally detained. Any person can do it, it does not need to be a family member and you do not require a lawyer to file it.
Constitution of the Republic of Honduras
Article 182:
The State recognizes the guarantee of habeas corpus or personal appearance and of habeas data. Consequently, in habeas corpus or personal appearance, every aggrieved person, or any other in his behalf, has the right to file the petition; and in habeas data only may the person whose personal or familiar information are in archives, public or private registries in the following manner:
- Habeas Corpus or Personal Appearance
- When he is illegally imprisoned, detained or restrained in any way in the enjoyment of his freedom; and
- When during his lawful imprisonment or detention, the imprisoned or detained person is subjected to torment, torture, harassment, illegal demands, or any other coercion or molestation that is unnecessary for his personal safety or for the order of the prison.
- Habeas Data All persons have the right to access information about themselves or their property that is already contained in databases, public or private registries in an expedited and non-onerous manner, and in cases where it is necessary to access, correct, or remove it. This may not affect the privacy of journalistic information sources.
A writ of habeas corpus or habeas data may be filed without requiring any special power or any formality, either orally or in writing, using any means of communication, at any time during working or nonworking days and free of charge. Only the constitutional chamber of the Supreme Court of Justice may take cognizance of the protections of habeas data; it has the unavoidable obligation of proceeding immediately to stop any violation of the rights of honor, personal or familiar privacy, a one's own image. The authorities of courts may not dismiss a petition for a writ of habeas corpus or personal appearance and additionally have the inescapable duty of proceeding immediately to put an end to the violation of one's personal liberty or personal safety. In both cases, the authorities of the courts that fail to admit these constitutional petitions shall incur the corresponding criminal and administrative liability.
Authorities that order and agents who undertake the concealment of the detained person, or who in any other way violate this guarantee shall be guilty of the offense of illegal detention.
Source:
https://www.constituteproject.org/constitution/Honduras_2013