A/HRC/13/66 and proceedings regarding other cases of restriction of freedom of expression of the media were apparently to be filed shortly, according to this source. Several witnesses of acts targeting the media reported having been victims of intimidation by military and police officers to prevent them from testifying. The Journalists’ Association provided information on attacks and threats against journalists and media outlets, irrespective of their political stance, including a bomb explosion at the HRN radio station on 4 November. While most of the attacks targeted media known to be opposed to the coup, media considered as supportive of the de facto Government were also victims of unknown attackers. 5. Right to peaceful assembly 46. Excessive use of force, arbitrary detentions and the imposition of curfews weakened the exercise of the right to peaceful assembly. Several demonstrators, especially women, told the mission that they no longer participated in rallies after having been victims of abuse. 47. Although some demonstrations turned violent, the vast majority of protesters, including activists who joined the FNRG, were peaceful and unarmed.18 In this respect, the excessive presence of military personnel to monitor the marches may constitute intimidation or harassment. 48. Additionally, several protesters have faced criminal proceedings under charges which may clearly infringe human rights standards. Article 337 of the Criminal Code, which contains a broad definition of the crime of sedition, was often used to prosecute people who peacefully took part in demonstrations.19 Similarly, article 331, by introducing the crime of “illicit meeting or demonstration”, allowed the prosecution of those participating in demonstrations where someone else is carrying weapons, or explosives of any nature, regardless of the fact that the accused may not have been aware of, or able to do anything to alter the conduct of other demonstrators. According to the Fiscalía, at least six people were being investigated on such charges. 49. From 20 October, all public gatherings required prior authorization by the police. This provision entered into force after the Police Commissioner released a public statement laying out the requirements for such authorization without issuing an official written text. Although this statement referenced other existing legal norms, it introduced restrictions to a fundamental freedom without respecting the rule of law and the principle of legal certainty.20 These provisions were particularly applied during the period close to the elections. 6. Economic, social and cultural rights 50. The poverty and inequity index in Honduras is among the most severe in Latin America. Close to 60 per cent of the population live in poverty and about 36 per cent are extremely poor. Despite economic growth rates of about 4 per cent per annum between 18 19 20 12 According to the police, during the reporting period almost 300 demonstrations took place in Tegucigalpa. One restaurant and some vehicles, including a bus, were set on fire on one occasion. In addition, the Honduran National Business Council (COHEP) reported that 40 commercial properties suffered some kind of damage and 2 supermarkets were looted. Official sources indicated that 16 police officers and 21 members of the military were injured. None of them suffered bone fractures or other serious injuries and only one member of the military was reportedly wounded by gunfire. This was also the case of the peaceful occupation of the National Agrarian Institute. See paragraph 38 above. Such as article 62 of the Constitution, articles 22 and 23 of the Police Organic Law, and articles 1, 52 and 54 of the Police and Social Coexistence Law. GE.10-11700

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