UNCLAS SECTION 01 OF 02 TEGUCIGALPA 001904

SIPDIS

SENSITIVE

STATE FOR WHA/CEN, WHA/PPC, INL/LP, AND DRL/PHD

E.O. 12958: N/A
TAGS: PGOV KCRM KJUS PHUM HO
SUBJECT: HONDURAN CONGRESS VOTES TO CRIMINALIZE GANG
MEMBERSHIP


1. (U) SUMMARY: On August 8, the Honduran National Congress
approved a bill banning membership in street gangs and other
groups that associate for the purpose of committing crimes.
The bill prescribes prison terms for those convicted of being
gang members, with sentences ranging from three to 12 years
depending on the individual's level of involvement and
seniority. Congress unanimously approved the bill,
reflecting the overwhelming popular sentiment that the
Government do something about gang-related street crime,
which in recent years has reached epidemic proportions.
President Ricardo Maduro publicly applauded Congress for
approving the bill, and there seems to be nothing standing in
the way of this legislation entering into force. However,
questions persist as to how effective this law will be, and
potential concerns for the right to free association in
Honduras if abused. END SUMMARY

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A Popular Bill Passes Easily
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2. (U) On August 8, the Honduran National Congress approved a
bill banning membership in street gangs and other groups that
associate for the purpose of committing crimes. The bill, an
amendment to Article 332 of the Penal Code, sanctions
"penalties of nine to 12 years of confinement and fines of
10,000 to 20,000 lempiras (USD 575-1,150) for bosses and
leaders of groups that associate with the intention of
committing (crimes)." The bill also calls for rank and file
gang members to be sentenced to a third of the amount of
prison time given bosses.


3. (U) The bill passed in the National Congress without a
single vote in opposition, and President Maduro seems
enthusiastic about signing it into law. He said, "As soon as
it is published in La Gaceta (the Honduran equivalent of the
Federal Registry), we will go immediately to the streets and
do what the Honduran people demand." President of the
Supreme Court Vilma Morales did not raise any constitutional
objections to the bill, but said that the nation's
penitentiary system would have to be revamped to accommodate
the eminent wave of new prisoners.

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A Fix or a P.R. Move?
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4. (SBU) COMMENT: While the exact number is unknown, it is
widely speculated that there are around 30,000 active gang
members nationwide, primarily in the major urban centers of
Tegucigalpa and San Pedro Sula. Moreover, most of the
violent crimes committed in Honduras are reported by the
police and by the local news media as being gang-related.
Post notes that the GOH is prone to blame almost all violent
crime on gang-related violence, disregarding other elements,
such as organized crime and narco-traffickers, that also
contribute to the high crime rate in Honduras (and often
involve the vested interests of corrupt elite). For these
reasons, however, this type of legislation is very popular
with the majority of Hondurans, who feel threatened by
violent crime and are primed for a crackdown on street gangs.


5. (SBU) While this new legislation could lead to increased
levels of incarceration for Honduran gang members, it is
certainly not a panacea for long-term crime fighting. It is
reportedly a Honduran derivative of the U.S. Racketeer
Influenced and Corrupt Organizations (RICO) statutes, which
can be an effective tool but is difficult to prosecute given
the challenge of having to prove conspiracy. Also, given the
government's budgetary constraints, funding a possible
expansion and improvements in Honduran prisons necessary to
cope with the probable influx of new prisoners into an
already overcrowded and dysfunctional penitentiary system
would be difficult. In addition, there is no adjacent
legislation to address any of the underlying reasons for
crime and gang membership, such as poverty, inequality, and
lack of opportunities for economic and social advancement
(issues which the Government of Honduras has been less than
successful at addressing). If not administered in a just and
transparent manner this law could cause concerns for the
exercise of civil liberties, especially if a government were
to misguidedly use the law to discourage anti-government
activity. END COMMENT.
Pierce