82
280. The patterns of violence and repression were said to have occurred because the laws in
place were inadequate and enabled abusive activities. In its report, the Office of the United Nations High
Commissioner for Human Rights observed that in many cases an ambiguous or imprecise formulation of
the law allowed “for arbitrary application, particularly of criminal legislation, of the Police and Social
Coexistence Law, the Telecommunications Law and the Emergency Law, as well as of provisions
criminalizing sedition and illegal demonstrations.”340 Furthermore, the events were said to have
occurred in a context in which freedom of expression and the free flow of information and ideas were
severely restricted. The Truth and Reconciliation Commission concluded that the media outlets
identified as being in favor of the government of deposed President Zelaya “had their electric power cut,
their antenna damaged to the point of being inoperable; their broadcasts were interrupted, their
broadcasting equipment was confiscated and staff were subjected to threats, intimidation and
persecution to get them to stop broadcasting.”341
281. Despite these serious events, the IACHR observed that no institutions were in place to
process complaints, investigate the facts, punish those responsible and make reparations to the victims
of human rights violations.342 In its report, the Office of the United Nations High Commissioner for
Human Rights observed that:
67. The institutions responsible for protecting human rights and guaranteeing the rule
of law failed in many instances to accomplish their mandate, mainly due to a lack of
independence.
68. During the period covered by this report, the lack of independence of the judiciary
and the unequal and discriminatory application and interpretation of the law have been
evident. The Attorney General’s Office, judges and the Supreme Court of Justice have, in
http://www.sjdh.gob.hn/recomendacionesCVR/sites/default/files/VOLUME-IFINAL%20Para%20que%20los%20hechos%20no%20se%20repitan%20-%20Informe%20de%20la%20CVR.pdf.
340
United Nations. Human Rights Council. A/HRC/13/66. Report of the United Nations High Commissioner for Human
Rights on the violations of human rights in Honduras since the coup d’état on 28 June 2009. March 3, 2010, paragraph 13.
Available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-66.pdf
341
Truth and Reconciliation Commission. Report titled Para que los hechos no se repitan [So That Events Are Not
Repeated]..
July
2009.
Volume
I,
p.
347.
Available
at:
http://www.sjdh.gob.hn/recomendacionesCVR/sites/default/files/VOLUME-IFINAL%20Para%20que%20los%20hechos%20no%20se%20repitan%20-%20Informe%20de%20la%20CVR.pdf.
The
IACHR
confirmed that the flow of information and news was controlled by temporarily shutting down some media outlets; orders
were given to block transmission of the signal from certain cable television networks that were covering the coup d’état;
selective power outages were used to affect broadcasting by audiovisual media covering the coup, and journalists from media
outlets whose editorial positions were opposed to the coup d’état were attacked and threatened. IACHR. Honduras: Human
Rights and Coup d’état, 2009. OEA/Ser.L/V/II. Doc. 55. December 30, 2009. Paragraph 12. Available at:
http://www.cidh.org/countryrep/Honduras09eng/Toc.htm
342
IACHR. Honduras: Human Rights and Coup d’état, 2009. OEA/Ser.L/V/II. Doc. 55. December 30, 2009. Paragraph
14. Available at: http://www.cidh.org/countryrep/Honduras09eng/Toc.htm