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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