A/HRC/13/66 29. Several sources indicated that hundreds of people were injured by security agents during demonstrations. An NGO report registered 288 people injured between the coup and the beginning of November. The human rights unit of the Fiscalía and the regional ombudsman were able to confirm some of these cases. At least three of the victims suffered gunshot wounds, while some had fractures, cuts and bruises that affected their mobility. None could access rehabilitation programmes provided by the public health system, as part of reparation measures. Acts of sexual violence against female detainees were also documented.12 30. The authorities justified the use of force against demonstrators by invoking the violent nature of the protests. However, the mission noted that although some demonstrations did turn violent, the majority were peaceful and the demonstrators were unarmed. On the basis of the evidence gathered, the mission was able to confirm that the response to demonstrations, including the presence of numerous armed soldiers, was disproportionate. 31. According to NGOs and victims, a large number of complaints were presented to the Fiscalía and the national ombudsman. However, the human rights unit of the Fiscalía stated that legal proceedings against public officers had been initiated in only two cases and one of these cases was dismissed by the court of first instance. The mission noted that prosecutors, judges and ombudspersons have often failed to respond promptly to allegations of torture and ill-treatment. 3. Right to liberty and security of persons 32. The mission was able to confirm numerous claims that the police and the army arbitrarily or illegally arrested thousands of people, including women and children, mostly during protests against the coup. The national authorities could not provide information on the number of people arrested or in detention. The only available information has been provided by non-governmental sources, which estimate that more than 3,000 people, including 600 children and adolescents have been detained since the coup.13 33. Most of the victims were released after a few hours or a night spent in illegal or arbitrary detention, where torture or other forms of ill-treatment often occurred. The illegality of most of the detentions was mainly due to the absence of a judicial warrant or legal basis for the arrest and/or because of the lack of authority of military officers to carry out arrests. Many of the detentions were also arbitrary due to non-compliance with the principles of necessity and proportionality. Nonetheless, the sheer number of arrests suggests a pattern of repression of expressions of support for the deposed president. 34. Various sources confirmed that most mass arrests were carried out without the guarantees enshrined in international human rights instruments. The police generally kept a poor record of detentions and did not provide information about the reasons for detention and charges. This, however, was a frequent practice in Honduras even before the coup, as noted previously by international bodies.14 35. Mass arrests were carried out either under article 175 of the Criminal Procedure Code, or under emergency decrees 011-2009 and 016-2009. Article 175, which allows the 12 13 14 GE.10-11700 These cases are referred to in more detail in paragraphs 60–61 below. Figures provided by El Centro de Investigación y Promoción de los Derechos Humanos (CIPRODEH), Comité de Familiares de Detenidos Desaparecidos en Honduras (COFADEH) and Comité para la Defensa de Derechos Humanos de Honduras (CODEH). See recommendations of the Working Group on Arbitrary Detention in 2006 (A/HRC/4/40/Add.4) and the Committee against Torture in 2009 (CAT/C/HND/CO/1). 9