Honduran extradition: Analysts assess future under new US administration

Requests for extradition of Hondurans allegedly involved in drug trafficking are part of the agenda of the United States Department of Justice , according to Honduran analysts.

That is why citizen requests will continue regardless of whether or not the Extradition Treaty is denounced and who assumes power, whether it is the Democrat Kamala Harris or the Republican Donald Trump , according to the expert in democratic governance and transparency, Omar Andrés García Calderón.

“It won’t be easy. Harris or Trump will allow the Justice Department’s agenda to continue because Honduras is an issue of interest to them ,” the analyst told tunota.com.

Garcia said that both candidates, who face each other in the November 5 elections, are aware that they should not touch the agenda of the agency in charge of administering justice in the United States. “That agenda consists of locating and pursuing all Latin Americans who are sending drugs,” he stressed.

Whether through formal legal means or “the hard way,” the authorities will seek to take Hondurans of interest to prosecute and sentence them. In addition, they will seek to have them inform on broader networks that “generally in drug trafficking (the United States) has already identified as being related to parties or governments in power.”

Denunciation of the agreement

Last August , Honduran President Xiomara Castro denounced the Extradition Treaty with the United States, arguing alleged interference by that country in her government’s affairs.

However, according to Omar Garcia , this action must be formalized in Washington through an exchange of notifications between both nations. Without this formality, the Extradition Treaty will remain in force.

If the request is formalized, García insisted that the United States will find ways to request that Honduras extradite citizens involved in drug trafficking, since this affects them in terms of public health and the economy, and warned of consequences if the country’s authorities deny their requests.

Officials who deny a request to extradite citizens of interest may be subject to sanctions such as inclusion on the Engel List , the Magnitsky Act, or even requests for extradition.

“With or without an extradition treaty, the United States will always ask for Hondurans. Here in Honduras they will say no, and those who say no will be prosecuted later,” he added.

García also says that this is part of the improvements to the Engel List.

“Any official in Latin America who, for legal reasons or decisions, allows the free activity of people who harm the United States economically or in a health-related way will be sanctioned or requested for extradition. I don’t know how they will be taken, but it would not be unusual to see judges and prosecutors losing their visas , and if they are careless, being detained at international airports,” he added.

Honduras lacks conditions to prosecute drug traffickers

Although Omar García does not like the Extradition Treaty because “we should not rely on a foreign justice system,” he recognizes that Honduras does not have the conditions to prosecute and sentence drug traffickers . However, he maintains that this does not mean that the country cannot build a reliable system.

“In Honduras, if we did not have high levels of corruption, there would be no need for the Extradition Treaty. Here we would arrest, prosecute and send people to jail as appropriate. That is the dark side of the Treaty: in a comfortable way, everyone accepts that they are sent and prosecuted in the United States,” he said.

Maintain Extradition Treaty

Tunota.com also consulted international law expert Graco Pérez about the denunciation of the Extradition Treaty.

The analyst suggests three possibilities on this issue. First, he believes that Honduras can still withdraw the denunciation of the Extradition Treaty that the government made through the Foreign Ministry. Second, it would be necessary to negotiate a new agreement , which would be complicated because it would need the approval of the Congress of the United States and Honduras. Third, he suggests that the agreement could definitely come to an end.

If there are no more extraditions of Hondurans, Graco Pérez warns that “the Honduran justice system is not prepared to prosecute, condemn and keep drug traffickers in prison,” which “is proven,” since most of the people extradited to the United States did not have any charges or ongoing investigations in Honduras.

“To say that Honduras will resolve this without an extradition treaty is not true; that will have many implications for the country in terms of corruption, violence, trade and cooperation,” he added.

The Central American country will have to demonstrate that it has the will to fight corruption and drug trafficking, issues that are crucial to the national security of the United States, the analyst said.

Part of that will involves having an Extradition Treaty. Otherwise, the new US government, whether with Harris or Trump , “will find that Honduras is not fighting these scourges and, therefore, will not be eligible for aid and will be seen as a high-risk country, which will affect migrants,” said Pérez.

For the analyst, the ideal situation would be for Honduras to maintain its extradition agreement with the United States, and if no action is taken to stop the accusations, the country will face consequences: more corruption, more drug trafficking and more insecurity.

The Extradition Treaty

The Extradition Treaty between Honduras and the United States was signed on January 15, 1909, and published on September 13, 1912, although it was not implemented for decades.

It was in January 2012 when the National Congress approved the amendment to Article 102 of the Constitution of the Republic, which allowed the extradition of Hondurans for crimes related to drug trafficking and organized crime.

However, it was not until 2014 that Honduras began to hand over citizens wanted, mostly for drug trafficking, to the US authorities, through an Order issued by the Supreme Court of Justice (SCJ) .

Since then, more than 50 Hondurans have been extradited to the United States, including important figures such as former President Juan Orlando Hernández , sentenced to 45 years in prison by the Southern District Court of New York, and the former director of the National Police, Juan Carlos “El Tigre” Bonilla , who received a 19-year prison sentence by the same court.