A/HRC/41/35/Add.2 Recommendation Status legislation. Repeal articles 125 (3) and 299 of the Penal Code and refrain from attempts to silence criticism in the name of “insult” of public authorities (para. 85) C. Contravened. The implementation of this recommendation has been deemed unnecessary by the State. Judicial processes invoking articles 125 (3) and 299 of the Penal Code continue. Honduras 27. The former Special Rapporteur, Frank La Rue, conducted an official visit to Honduras from 7 to 14 August 2012. He presented his findings in his report to the twentythird session of the Human Rights Council, held in March 2013 (A/HRC/23/40/Add.1). Comments from the State were presented at the same session (A/HRC/23/40/Add.3). 28. During the visit, the Special Rapporteur followed up on developments in Honduras since the previous visit of the mandate holder in November 2007 (see A/HRC/11/4/Add.2). In particular, he sought to analyse the situation in the light of the coup d’état of June 2009. 29. The visit was carried out in the context of frequent violent attacks against journalists. The impunity surrounding these crimes reflected profound institutional weaknesses at the time. Compounding that situation were disproportionate legislative restrictions on freedom of expression, including criminal charges for defamation, libel and slander, and the failure to effectively incorporate the rights of indigenous peoples and Afro-Honduran communities into the legal framework governing freedom of expression. Against a backdrop of narrowly concentrated media ownership and a generally polarized media landscape, these factors gave rise to serious concern in the course of the visit. 30. Elections were held in Honduras in 2013 and 2017. On both instances, the vote was marked by substantial allegations of corruption, fraud and intimidation. Following a delay in tallying votes cast in the election of November 2017, and the subsequent declaration of victory for the incumbent candidate of the National Party, protests began around the country. A state of emergency was proclaimed on 1 December 2017, leading to the imposition of a curfew from 6 p.m. to 6 a.m. until 11 December 2017 and the mass detention of protestors and others deemed to have violated it. As protests spread, 21 civilians and 1 police officer were killed, with many more wounded. According to OHCHR, at least 13 of those persons, including 2 children, were shot and killed by security forces during the policing of protests or subsequent, connected operations (A/HRC/37/3/Add.2, para. 20). The Special Rapporteur welcomes information provided by the State regarding the opening of investigations into all of the deaths identified as having occurred in the context of the protests. However, he regrets that further steps towards prosecution have been taken in only two such cases. 31. These recent events and grave violations connected to freedom of expression signal the underlying instability of the environment for exercising the right in Honduras. They occurred despite the recommendations made by the former Special Rapporteur following the visit. The recommendations concerned violence and impunity; freedom, pluralism and diversity in the democratic debate; litigation connected to acts of expression; and access to information. 32. The Special Rapporteur welcomes the information submitted by the State in support of the present report and the responses to the 28 communications sent by the mandate holder since the visit, along with the specific efforts made to implement the recommendations and improve the environment for freedom of opinion and expression in the country (see table 3). However, he stresses that there remains much work to be done to see improvements on paper transferred into progress in practice, for which a holistic, consistent approach is necessary. 9

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