79
silencing effects on future expressions, which restrict the circulation of information, produce the same
results as direct censorship.325
273. Along the same lines, the IACHR has stated that the prosecution of persons, including
journalists and members of the media, for the mere act of investigating, writing, and publishing
information in the public interest violates freedom of expression by discouraging public debate on
matters of interest to society. The mere threat of being criminally prosecuted for criticism concerning
matters of public interest may give rise to self-censorship, given its “chilling effect.”326
274. Given the foregoing, the Commission must now turn its attention to the question of
whether the proceedings against the alleged victims were really used as a legitimate tool for the
administration of justice or whether they were just the opposite, a mechanism calculated to indirectly
limit exercise of their right to freedom of expression.
275. As the Inter-American Commission documented in its two reports on the situation of
human rights and the coup d’état in Honduras that brought on the de facto government, various groups
in civil society, civil service and the general public undertook measures to protest these events, which
were systematically and violently crushed by the security forces and State authorities in the state of
emergency that was arbitrarily declared.327
276. The presence of patterns of intolerance and general repression of the population that
came out against the coup d’état was confirmed by Honduras’ Truth and Reconciliation Commission, the
Office of the United Nations High Commissioner for Human Rights and the Inter-American Commission
on Human Rights in various reports.328 Here, the Commission observed that:
325
IACHR. Annual Report 2010. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter VI.
Report. CHAPTER V. Principles on the Regulation of Government Advertising in the Inter-American System for the Protection of
Human
Rights.
OEA/Ser.L/V/II.
Doc.
51.
December
30,
2009.
Paragraph
6.
Available
at:
http://www.cidh.org/annualrep/2010eng/RELATORIA_2010_ENG.pdf
326
IACHR. Annual Report 2010. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter VI.
Informe. CHAPTER V. Principles on the Regulation of Government Advertising in the Inter-American System for the Protection
of
Human
Rights.
OEA/Ser.L/V/II.
Doc.
51.
December
30,
2009.
Paragraph
6.
Available
at:
http://www.cidh.org/annualrep/2010eng/RELATORIA_2010_ENG.pdf
327
IACHR. Honduras: Human Rights and Coup d’état, 2009. OEA/Ser.L/V/II. Doc. 55 December 30, 2009. Paragraphs 1
a 7, 92, 98, 192 et seq. and 532 et seq Available at: http://www.cidh.org/countryrep/Honduras09eng/Toc.htm; IACHR.
Preliminary Observations of the Inter-American Commission on Human Rights on its Visit to Honduras, May 15 to 19, 2010.
OEA/Ser.L/V/II. Doc 68, Paragraph 9. Available at: http://www.cidh.org/countryrep/Honduras10eng/Honduras10TOC.eng.htm;
United Nations. Human Rights Council. A/HRC/13/66. 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. Available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-66.pdf.
328
Truth and Reconciliation Commission. Report titled Para que los hechos no se repitan [So That Events Are Not
Repeated].
July
2009.
Volume
I.
Available
[in
Spanish]
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. IACHR. Honduras:
Human Rights and Coup d’état, 2009. OEA/Ser.L/V/II. Doc. 55 December 30, 2009. Available at:
http://www.cidh.org/countryrep/Honduras09eng/Toc.htm; IACHR. Preliminary Observations of the Inter-American Commission
on Human Rights on its visit to Honduras, May 15 to 18, 2010. OEA/Ser.L/V/II. Doc 68. June 3, 2010. Available at:
http://www.cidh.org/countryrep/Honduras10eng/Honduras10TOC.eng.htm; 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.
Available
at:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-66.pdf