Honduras Snubs Most Court Advice, 22 Oct

HONDURAS · SECURITY

Honduras’ Congress says it will mostly disregard Supreme Court advice on a tougher gang law. Debate is planned for 27 October.

Honduras’ Congress will ignore most Supreme Court advice on a tougher gang law, its president said on Thursday, 22 October. Tomás Zambrano spoke to mayors near Lake Yojoa, the daily El Heraldo reported.

The package would change the Penal Code and the Criminal Procedure Code for gangs the government calls terrorist. It matters to US readers because Washington lists MS-13 and Barrio 18 as terrorist groups, while the court wants due-process safeguards.

The Honduras gang law now heads for a floor debate that Congress secretary Carlos Ledezma plans for Tuesday, 27 October. The court’s opinion is advisory, and Congress has said it can decide on its own.

What the Supreme Court Told Congress

The court’s plenary session sent its legal opinion to Congress on Tuesday, 20 October, El Heraldo reported. The letter, numbered PCSJ 0511-2026 and signed by court president Wagner Vallecillo, covers two bills.

One bill adds a “safe house” exemption from criminal liability to Article 30 of the Penal Code. The other changes five Penal Code articles and six Procedure Code articles, following the National Defence and Security Council’s third session.

Mario Rolando Díaz, a magistrate of the court’s criminal chamber, explained the changes in interviews carried by Diario Roatán and Hondudiario. He said the plenary session amended the first draft of the opinion before sending it.

On home searches, Díaz said Congress proposed dropping the need for a judge’s order. The court wants a prosecutor present and later judicial confirmation, though entry during a crime in progress can be justified.

On the offence of attack on officers, the sentence is now one to two years and Congress proposes eight to ten. Díaz called that jump disproportionate and said the court suggests three to four years.

On tattoos, he said they can be an indication but should not stand alone as proof of gang membership. The court wants other evidence from an investigation before anyone is held responsible.

The court also urged Congress not to bar parole for convicts who meet legal conditions and cooperate with authorities. It suggested a Law on Effective Collaboration, which would set out the benefits for convicts who help investigators.

What Zambrano Said on 22 October

Zambrano said Congress will treat the court’s opinion as a procedural requirement, not a binding verdict. “They do their work and we make the decision,” he said, citing the separation of powers.

He described the court’s view as overly rights-focused and said firm decisions are needed to restore security. “Either decisions are taken or crime is confronted,” he said, according to El Heraldo.

He confirmed that prosecutors would get 48 hours instead of 24 to file charges after an arrest, in exceptional cases only. He said this would apply to terrorism, gangs and other high-danger crime, not to ordinary citizens.

Searches without a prior judicial order would be allowed in specific cases. Tattoos would count as evidence only when they refer to gangs, and Zambrano said decorative tattoos are not the target.

Zambrano said he hopes all deputies will back the package. He did not say which court points Congress will keep, and the reports reviewed do not list them.

Which Gangs the Law Targets

The package follows a council decision to classify MS-13, Barrio 18 and the Cartel del Diablo as terrorist groups, La Prensa reported. The National Defence and Security Council is the body that took it.

The Security Ministry’s draft, as La Prensa described it, would bar parole for convicts of terrorism, so they would serve full sentences. It would also let police and the Military Police search premises during emergency operations against these groups.

La Prensa says members of these groups would be sent to maximum-security prisons. Díaz said the court had no information on a planned new prison, and he voiced concern about overcrowding and pretrial detention.

Earlier reports covered the plan to vote on the gang reform and the decision to declare three gangs terrorist. This report follows the court’s reply and Congress’s answer.

For background, see the explainer on Honduras in the region and the case of two police agents held over drugs. More Honduran news sits on the Honduras hub.

What It Means for US Readers

The US State Department designated MS-13 a foreign terrorist organisation in a notice dated 6 February 2025, published on 20 February 2025. It added Barrio 18 in a notice dated 11 September 2025, published on 24 September 2025.

Honduras is therefore moving to treat the same groups as terrorists under its own code. The reform does not change entry rules for travellers or business rules for investors, according to the reports reviewed.

The dispute shows how far Congress leaders will go on security. It also shows the judiciary has urged lawmakers to respect the Constitution and due process.

What Is Not Known

The court’s full opinion was not available online in the reports reviewed, so its points come from Magistrate Díaz and El Heraldo. It is not known which of the court’s points Congress will accept.

It is not known whether the 27 October debate will end in a vote. Whether all 128 deputies will back the text is also open.

The final wording on searches without a warrant and on tattoos has not been published. It is also unclear whether any challenge to the law would reach the courts after approval.

What Comes Next

Congress secretary Ledezma said the opinion goes to the Special Defence and Security Committee first. The plenary debate is due on Tuesday, 27 October.

El Heraldo notes that receiving the opinion does not mean the reforms are approved. Nothing in the reports reviewed shows that any part is in force.

Frequently Asked Questions

What did the Honduran Supreme Court advise?

It advised keeping a judge’s confirmation for home searches and a sentence of three to four years for attacks on officers. It also said tattoos cannot be sole proof.

What did Congress say in response?

Congress president Tomás Zambrano said on 22 October that Congress will mostly set the advice aside. He said the opinion is a requirement, but the decision belongs to lawmakers.

Is the Supreme Court’s opinion binding?

No, the opinion is advisory, and La Prensa reported that Congress officials described it as non-binding. It is meant to flag legal risks before lawmakers vote.

When will Congress debate the law?

Congress secretary Carlos Ledezma said discussion would begin on Tuesday, 27 October. Approval is not guaranteed, and the final text has not been published.

Which gangs does the law target?

It follows the classification of MS-13, Barrio 18 and the Cartel del Diablo as terrorist groups. The United States lists MS-13 and Barrio 18 as foreign terrorist organisations.

Sources: El Heraldo, 22 October 2026; Tu Nota, 22 October 2026; El Heraldo on the court opinion, 20 October 2026; Diario Roatán; Hondudiario, 21 October 2026; Tu Nota on the court opinion, 20 October 2026; La Prensa; Federal Register, 20 February 2025; Federal Register, 24 September 2025 (all accessed 23 October 2026).