... So don't do something foolish, like buy a 10 pound bag of marijuana.

Honduran Legal Procedures

 It is important for all Americans arrested in Honduras to be aware that Honduran legal procedures and traditions differ greatly from those to which most Americans are accustomed.  Official procedures are not always clear or easily understood by foreigners and may vary from region to region. Judges, lawyers and police may deviate from established procedures. Moreover, significant delays in the investigation and trial process are common.  American citizens, as well as Hondurans, are often held in jail for months, and sometime years, while awaiting sentencing.

According to Honduran criminal procedure, a person arrested in Honduras is initially held by the Criminal Investigation Division (Direccion Nacional de Investigacion, DGIC) during a preliminary period of investigation.  Under Honduran law, the DGIC may hold a person in custody of up to 24-hour period if authorities determine that the evidence supporting the arrest is insufficient.  The DGIC, however, may also ask the judge in charge of the case (the Juzgado) to grant it a longer period of investigation not to exceed a total of 6 days. Certain areas of the country may not have DGIC detention facilities and thus the national police (Policia Nacional Preventiva) may hold defendants instead.

When the DGIC completes an investigation, the juzgado determines whether there is sufficient evidence to hold a trial.  If the juzgado determines that the evidence is sufficient to continue the case, the defendant is sent to a penitentiary where he or she is held for the remainder of the case.  If the defendant does not have enough money to hire a private attorney, the juzgado can assign a court-appointed attorney ('abogado de oficio').   

Americans are generally held in penitentiaries in Tegucigalpa, San Pedro Sula or La Ceiba, depending on where the alleged offense occurred.  In some minor cases, the Juzgado may decide to allow defendants bail. Many other offenses, including possession of over 5.5 oz. of illegal substances, are not bailable.

The remainder of the case is divided into the 'discovery' phase and the trial.  The discovery phase is essentially a period devoted to further investigation of the charges by the DGIC, the juzgado, the defendant's attorney, the prosecuting attorney (fiscal) and the accuser's attorney. Although according to Honduran procedure the discovery period is not supposed to last longer than 30 days, the additional period of investigation often takes significantly longer.

After the discovery period concludes, the trial phase begins. Honduras is in the process of changing to a system of 'oral' arguments, which should make the system more efficient.  However, the present system relies on a series of written submittals to the juzgado based on information obtained during the discovery phase of the case.  The Judges, who claim they are overburdened since there are only a handful of them to cover numerous cases, must review each of these paper files.  As a result, although there are guidelines as to how many days prosecutors, defenders, and lawyers have to present their arguments during this phase, the actual process generally takes months, and sometimes years before the Court sentences the defendant.  For example, it is not unusual for American citizens to be held in Honduran prisons for over a year before being sentenced for possession of small quantities of marijuana. Honduras does not have a procedure similar to what in the U.S. is called 'plea bargaining'.

At the conclusion of the trial, the juzgado reaches a sentence of 'guilty' or 'not guilty' and sends this decision to the Court of Appeals (Corte de Apelaciones) for ratification.  The prosecutor has the ability to appeal the Juzgado's sentence of 'not guilty'.  If the prosecutor does not appeal and the Court of Appeals ratifies the Juzgado's sentence of 'not guilty', the defendant is released.  If the Juzgado hands down a 'guilty' verdict, the Court of Appeals can either affirm the decision or return the case to the juzgado for further study.  If the Court of Appeal affirms the guilty sentence, the defendant may appeal to that Court.  If, after review, they ratify the Juzgado's guilty verdict, the Court of Appeals must then submit the case to the Supreme Court (Corte Suprema) for a final decision.  There is no specific length of time by which each of these steps must be concluded and delays are frequent.  

The Honduran prison system, like others in Latin America, provides minimal food to prisoners and no clothing.  Prisoners rely on families and friends to provide assistance.  American prisoners often pay extra for supplemental food and better accommodations in the prisons.  

THE ROLE OF THE UNITED STATES EMBASSY

The Embassy must emphasize that American citizens--whether tourists, businesspeople or residents of Honduras -- are guests in a sovereign country and are subject to the laws of Honduras.  U.S. law does not apply in Honduras.  Moreover, the U.S. Embassy cannot obtain 'special treatment' for American citizens or pressure for their release.  The Embassy does, however, have a role to play in all arrest cases.

Under the Vienna Convention and the Bilateral Treaty of Friendship, Commerce and Consular Rights of 1928, the Honduran government has the obligation to notify the American Embassy of an American citizen's arrest.  Following notification, an American Consular officer will visit the arrested citizen as soon as possible.  In case you wish to consider hiring an attorney to represent your interests in the criminal proceedings, the officer will provide the citizen with a list of local attorneys and will notify his or her next-of-kin if the citizen desires.  The consular officer will attempt to obtain for the citizen a report of the charges against him or her, and can contact the attorney and in some cases the Honduran authorities for further information.  If the citizen alleges that s/he has been mistreated or abused, we will contact the appropriate authorities to investigate the charges.  If the allegations of abuse are verified, we can protest on the citizen's behalf to the Honduran authorities.

The Embassy cannot advocate the merits of a citizen's case, secure the citizen's release, or act as legal counsel.  The U.S. Embassy will, however, make every effort to ensure that all American citizens are treated equitably according to the laws of Honduras and international humanitarian standards.