1 June 2005
SUPREME COURT STRIKES DOWN "INSULT" PROVISION
Honduras' highest court has ruled that a provision in the country's Penal Code which criminalises press offences is unconstitutional and should be repealed.
On 19 May 2005, the Supreme Court of Justice ruled that Article 345 of the Penal Code restricted freedom of expression by giving "special protection" to public officials. "The privilege established under Article 345 of the Penal Code is an impediment to public criticism and discussion," the court declared. The ruling, effective immediately, repealed the Article.
Article 345 contained the "insult" ("desacato") provision, under which individuals could be jailed for up to six years for offending public officials, including the president. In its ruling, the Supreme Court cited a 1994 report by the Inter-American Commission on Human Rights (IACHR), which said desacato laws violate the American Convention on Human Rights and should be repealed because they restrict the right to freedom of expression. Honduras is a signatory to the Convention.
The ruling was hailed by the World Press Freedom Committee (WPFC), the Committee to Protect Journalists (CPJ) and the Inter American Press Association (IAPA).
WPFC says the repeal of the desacato provision marks a first step in bringing Honduras' laws in line with international standards. The IFEX member says other provisions that criminalise defamation should also be amended and placed under the Civil Code.
Honduras joins a growing list of Latin American countries that have removed desacato provisions from their statutes, including Argentina, Paraguay, Costa Rica and Peru.
Visit these links:
- WPFC:
http://www.ifex.org/en/content/view/full/66901/
- CPJ:
http://www.cpj.org/news/2005/Honduras26may05na.html
- IAPA:
http://www.sipiapa.org/pressreleases/chronologicaldetail.cfm?PressReleaseID=1398
- Desacato Laws: An Insult to Press Freedom: http://tinyurl.com/cntg8
- IACHR 1994 Report: http://www.cidh.oas.org/annualrep/94eng/chap.5.htm
- American Convention on Human Rights: http://www.cidh.oas.org/Basicos/basic3.htm
- C-Libre:
http://www.conexihon.com
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