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2009 Honduran coup d'état

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Politics of Honduras
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  • Ministry of Foreign Affairs
    Minister: Eduardo Enrique Reina
See also: 2009 Honduran constitutional crisis

The 2009 Honduran coup d'état, part of the 2009 Honduran constitutional crisis,[1][2] occurred when the military ousted President Manuel Zelaya and flew him into exile on June 28, 2009.[3] It was prompted by his attempts to schedule a non binding poll on holding a referendum about convening a constituent assembly to rewrite the constitution.[4][5] When Zelaya didn't comply with court orders to cease, the Supreme Court secretly issued a warrant for his arrest, to interview him, on June 26.[6] Two days later, Honduran soldiers entered the presidential palace and arrested Zelaya,[7] preempting the poll.[8] They put him on a military airplane which flew him to Costa Rica. Later that day, the Honduran Congress, in an extraordinary session, voted to remove Zelaya from office and appoint his constitutional successor, Speaker of Congress Roberto Micheletti, in his place.[9]

International reaction has been universally negative, with widespread condemnation of the events as a coup d'état,[10] the first in Central America in more than two decades.[11] No foreign government has recognized Micheletti as president.[12] The United Nations, the Organization of American States,[13] the United States, and the European Union condemned the removal of Zelaya as a coup.

Background

Main article: Honduran fourth ballot box referendum
President Zelaya in 2007

President Zelaya was promoting a controversial nonbinding poll on whether to include a fourth ballot box in the November elections on convening a constitutional convention to rewrite the constitution. He had ignored a restraining order in this regard. Opponents said his goal in doing so was to extend his term, although as scheduled the balloting would be simultaneous with the election of his replacement.

Executive decrees and their legal consequences

Just days before[when?] the date for the scheduled illegal survey, decree PCM-019-2009, which revokes decree PCM-05-2009 and was issued (but not published) in May, was published in the official paper of record for the government policy, La Gaceta.[citation needed]

Zelaya then issued a new executive decree PCM-020-2009 (La Gaceta article number 31945) which annulled decrees PCM-05-2009 and PCM-019-2009. The new decree called for a "Public Opinion Survey Convening a Constitutional Assembly" and referred to it as "an official activity of the Government of the Republic of Honduras".[14]

According a legal analysis by former Supreme Court President Vilma Morales, Zelaya automatically ceased being President of Honduras with the publication of decree PCM-020-2009 and thus no coup d'état existed.[15]

Attorney General's office acts

On May 27, 2009, the Administrative Law Tribunal issued an injunction against holding the referendum at the request of the Honduran Attorney General Luis Alberto Rubi. On June 16 the Court of Appeals unanimously upheld the May 27 injunction. On June 18, the Administrative Law Tribunal ordered Zelaya to comply with the ruling in writing within five days. The Attorney General's office filed a request for arrest and search warrants.[citation needed]

Supreme Court issues arrest and search warrants

On June 26 the Supreme Court unanimously found that the Presidency had not complied with the June 16 court order. It also found he was answerable to charges for the crimes against the form of government, treason to the motherland, abuse of office and usurpation of fuctions that damaged the administration. It appointed Supreme Court Justice Tomás Arita Valle to try the case.[16][17][18]

On 26 June Supreme Court Justice Tomás Arita Valle issued a sealed (secret) order to detain Zelaya .[16][19][20] The interim government confirmed that the Supreme Court of Justice unanimously voted to appoint Tomás Arita Valle to hear the process in its preparatory and intermediate phases; and that he lawfully issued an arrest and raid warrant.[6] The government also states that an investigation was conducted under the auspices of the Honduran Supreme Court that lasted for weeks.[21]

Some pro-Zelaya supporters have sought to cast doubt on the Supreme Court's documentation.[22] Jari Dixon Herrera Hernández, a lawyer with the Attorney General's office, said the order to arrest Zelaya came a day after the coup.[23][unreliable source?]

Zelaya's detention and exile

Soldiers stormed the president's residence in Tegucigalpa early in the morning of 28 June, disarming the presidential guard, waking Zelaya and putting him on a plane to Costa Rica. Colonel Bayardo said “It was a fast operation. It was over in minutes, and there were no injuries, no deaths. We said, ‘Sir, we have a judicial order to detain you.’ ” [24] In Costa Rica, Zelaya told the pan-Latin American channel TeleSUR that he had been awakened by gunshots. Masked soldiers took his cell phone, shoved him into a van and took him to an air force base, where he was put on a plane. He said he did not know that he was being taken to Costa Rica until he landed at the airport in San José.[25]

Within several hours of his removal, Zelaya spoke to media in San José, calling the events "a coup" and "a kidnapping." He stated that soldiers pulled him from his bed and assaulted his guards. Zelaya stated that he would not recognize anyone named as his successor, that he would be meeting with diplomats and that he wanted to finish his term in office.[26]

Tanks patrolled the streets and military planes flew overhead. Soldiers guarded the main government buildings. The government television station and a television station that supports the president were taken off the air. Television and radio stations broadcast no news.[25] The electrical power, phone lines, and international cable TV were cut or blocked throughout Honduras.[27] Public transportation was suspended.[28]

Honduran Military guard buikdings

Later that day, the Supreme Court issued a statement that it had ordered the army to remove Zelaya from office.[29] The Supreme Court stated "The armed forces, in charge of supporting the constitution, acted to defend the state of law and have been forced to apply legal dispositions against those who have expressed themselves publicly and acted against the dispositions of the basic law".[30] On 30 June, the military's chief lawyer, Colonel Herberth Bayardo Inestroza Membreño, showed a detention order, signed 26 June by a Supreme Court judge, which ordered the armed forces to detain the president, identified by his full name of José Manuel Zelaya Rosales, at his home in the Tres Caminos area of the capital. It cited him for treason and abuse of authority, among other charges.[24] Colonel Inestroza later stated that deporting Zelaya did not comply with the court order: "In the moment that we took him out of the country, in the way that he was taken out, there is a crime. Because of the circumstances of the moment this crime occurred, there is going to be a justification and cause for acquittal that will protect us."[31] He said the decision was taken by the military leadership "in order to avoid bloodshed". He said "What was more beneficial, remove this gentleman from Honduras or present him to prosecutors and have a mob assault and burn and destroy and for us to have to shoot?"[32] Colonel Inestroza also commented that Zelaya's allegiance to Hugo Chávez was hard to stomach and "It would be difficult for us, with our training, to have a relationship with a leftist government. That's impossible. I personally would have retired, because my thinking, my principles, would not have allowed me to participate in that."[31]

Ramón Custodio, the head of the country’s human rights commission, said that Zelaya’s exile was a mistake and that the military made an “error” sending deposed President Manuel Zelaya into exile rather than holding him for trial. “I didn’t know they would take Zelaya out of the country,” Custodio said in an interview in the week of 13 August at his Tegucigalpa office. Honduras’s Supreme Court has agreed to hear a case brought by a group of lawyers and judges arguing that the military broke the law taking Zelaya out of the country.[33] On 17 August 2009, President Micheletti said that a mistake was made when Zelaya was put on a plane to Costa Rica instead of being held for trial: “It wasn’t correct. We have to punish whoever allowed that to happen. The rest was framed within what the constitution requires."[34]

Congress removes Zelaya from office

Interim President Roberto Micheletti

The National Congress assembled on the morning. It first voted to accept Zelaya's resignation letter, dated 25 June.[35] which Zelaya denied signing.[36]It studied a special report on Zelaya,[37] and byy a show of hands, the National Congress – the majority of whom belonged to Zelaya's own Liberal party[38] – appointed the President of the National Congress Roberto Micheletti, a member of Zelaya's party, to be president to succeed Zelaya.[36]

The Honduran National Congress unanimously agreed to:[37]

  • Under the Articles 1, 2,3,4, 205, 220, subsections 20, 218, 242, 321, 322, 323 of the Constitution of the Republic,
    • Disapprove Zelaya's repeated violations of the constitution, laws and court orders.
    • Remove Zelaya from office.
  • Name the current President of Congress Roberto Micheletti to complete the constitutional period that ends on January 27, 2010.

Institutional consensus that Zelaya had violated the law

In a statement to a subcomittee of the U.S. House Committee on International Affairs, former Honduran Supreme Court Justice, Foreign Affairs minister, and law professor Guillermo Prez-Cadalso said that all major governmental institutions agreed that Zelaya was violating the law, including:[39]

  • The Supreme Court - All 15 judges.
  • The Supreme Electoral Tribunal
  • The National Congress - All 124 members of the National Congress voted against Zelaya on June 28. Four were absent from the session.
  • The Attorney General
  • The Human Rights Commissioner

and that the ouster of Zelaya enjoyed large support from non-governmental institutions:[39]

  • Four out of the five political parties, including everyone in Zelaya's own party. The parties represent more than 90% of the Congress.
  • Many labor unions.
  • Catholic and evangelical and other protestant churches.
  • Tens of thousands demonstrators.

Legality of ouster and definition as a coup

Supreme Court Justice Rosalinda Cruz said that, as a sovereign and independent nation, Honduras had the right to freely decide to remove a president who was violating Honduran laws. She added: "Unfortunately, our voice hasn’t been heard."[40] She compared Zelaya’s tactics, including his dismissal of the armed forces chief for obeying a court order to impound ballots to be used in the vote, with those of Venezuelan President Hugo Chavez: “Some say it was not Zelaya but Chavez governing.”[6]

The term "coup" is disputed by the new government and their supporters. The Supreme Court never ruled on any of the charges filed by the public prosecutor on June 26. The arrest warrant was issued for the purposes of taking a deposition from him. According to Edmundo Orellana:[41]

  • "Zelaya was captured by the Armed Forces, but the Constitution orders that judicial warrants should be carried out by the National Police (Art. 293), not by the Armed Forces, whose functions are of another order and much more elevated (Art. 272).
  • "The National Congress decreed the removal of the President, but the Constitution only attributes to it the power to accept his resignation or to substitute for him in case of absolute absence (Art. 205, no. 12).
  • "The National Congress founded the removal on their rejection of his conduct as an official, nonetheless, the Constitution attributes to Congress the power to reject the "administrative conduct of the Executive Power" (Art. 205, no. 20), not of the official.
  • "That rejection, according to the National Congress, was due to the President violating the Constitution, many laws and judicial orders, but the Constitution only empowers the Congress to reject the "administrative conduct" (Art. 205, no. 20)
  • "The power to decide when he has violated the law or a judicial order, as well as to judge such deeds, is reserved, exclusively, in the Constitution, to the Judicial Power (Arts. 303 and 304).
  • "Violations of the Constitution cannot be put right with another violation. The Constitution is defended by subjecting oneself to it. Their violation translates into disregard for the State of Law and infringes on the very essence of the Law. Therefore, a coup d'Etat never has been and should never be the solution to a political conflict."

Other civic and business leaders, even those opposed to Zelaya's referendum efforts, argue that Zelaya was deprived of due process in his ouster.[42]

Supporters of Zelaya's removal state that the events constituted a constitutionally-sound succession of power. There is also some small amount of middle ground. On the one hand, several supporters of Zelaya's removal, including Micheletti and the top army lawyer, have admitted that sending Zelaya out of the country was illegal, although they argue it was justified by the need to prevent violence;[31][43] on the other hand, a fraction of those who oppose the events consider the arrest warrant against Zelaya to be legal, although they say he was denied a fair trial.[44]

The interim government, including the National Congress and Supreme Court maintain Zelaya was replaced constitutionally. Arguments that Zelaya's removal was illegal have been advanced by several lawyers.[45][46][47] Acting Honduran President Roberto Micheletti said forcing deposed President Manuel Zelaya to leave the country, instead of arresting him, was a mistake.[34][43]

U.S. Law Library of Congress studied the case and concluded that, although the military's decision to send Zelaya into exile was illegal, the judicial and legislative branches applied constitutional and statutory law in a manner that was judged to be in accordance with the Honduran legal system.[48][49] This conclusion was disputed by lawmakers, Honduran constitutional law experts, and government officials, who requested that the LLoC report be retracted.[50]


Demonstrations supporting Zelaya's removal

Celebrations on June 29. Demonstrators expressed their opposition to Zelaya and Chávez.

On June 29, demonstrators supported the constitution and Zelaya's removal around the country.

On June 30, large demonstrations in favor of the constitution and against Zelaya were held. In an emotional speech, Armeda Lopez said "Chavez ate Venezuela first, then Bolivia, but in Honduras that didn't happen". Signboards included "Enough to illegality", "I love my constitution".[51]

On July 1, at around 10 on the morning, a sea of people dressed in white emerged in the capital city Tegucigalpa. "Mel out, Mel out!" "Democracy yes, dictatorship no!", "Romeo, friend, the people are with you!". People from the social sector, religious sector, women's organizations, politics and government gave speeches in favor of the rule of law. Jorge Yllescas Olive said "Hondurans have saved our country, justice is on our side and we are demonstrating it to the world". Demonstrators also expressed opposition to Hugo Chávez's threats against Honduras.[52]

On July 3, around 70,000 people demonstrated for democracy and the constitution, and against Zelaya.[53]

Human rights abuses of the interim government

A clash between pro-Zelaya protesters and the Honduran military
Main article: Human rights in Honduras

Acting President Roberto Micheletti ordered a curfew which initially lasted for the 48 hours from Sunday night (28 June) and to Tuesday (30 June) and has continued since then in an arbitrary way.[54] According to Amnesty International and the International Observation Mission for the Human Rights Situation in Honduras, the curfew law was not published in the official journal La Gaceta and was not approved by Congress.[54] Originally the curfew ran from 9:00 p.m. to 6:00 a.m.[55] That curfew was later revised to be in effect from 10 pm to 5 am, was extended twice, ended on 7 July, and was restarted again on 15 July.[56] Amnesty International and the International Observation Mission stated that the curfew implementation is arbitrary, with curfew times announced on radio stations, changing randomly each day and between different regions of Honduras.[54] On 1 July, Congress issued an order (decreto ejecutivo N° 011-2009) at the request of Micheletti suspending four constitutional guarantees during the hours the curfew is in effect.[57] The "state of exception" declared on 1 July is equivalent to a state of siege, and suspended civil liberties including freedom of transit and due process, as well as permitting search and seizure without a warrant.[58][unreliable source?]

The ambassadors of Cuba, Venezuela, and Nicaragua said that on 29 June that they were detained and beaten by Honduran troops before being released.[27] Venezuela's ambassador to the OAS announced before the OAS that those ambassadors and Patricia Rodas, the Zelaya government's Foreign Minister, had been captured. Minutes after that announcement, Señor Laguna, the Venezuelan ambassador in Tegucigalpa, reported that he and the other ambassadors had been freed. Laguna said that he and the other diplomats were seized when they visited Rodas. He said that Rodas was forced into a van and had been transferred to an air base.[59] Venezuelan President Hugo Chávez stated that the Venezuelan ambassador was assaulted by Honduran soldiers and left by the side of a road.[60]

Also, allies of Zelaya, among them several government officials, were taken into custody by the military.[27] Foreign Minister Patricia Rodas and the mayor of the city San Pedro Sula, Rodolfo Padilla Sunseri, were detained at military bases.[25] According to a Narconews blog, several congressmen of the Democratic Unification Party (PUD) were arrested and the party's presidential candidate, César Ham, went into hiding.[61]

According to the Venezuelan government's ABN news service, Tomás Andino Mencías, a member of the party, reported that PUD lawmakers were led away by the military when they tried to enter the parliament building for the 28 June vote on Zelaya's deposal.[62] A dozen former ministers from the Zelaya government went into in hiding, some in foreign embassies, fearing arrest.[63] Local media reported that at least eight ministers besides Rodas had been detained.[59]

Hugo Chávez and Cuban Foreign Minister Bruno Rodríguez have both separately claimed that Honduran Foreign Minister Patricia Rodas has been detained by the military. Rodríguez said that the Cuban, Venezuelan and Nicaraguan ambassadors to Honduras had tried but were unable to protect Rodas from a group of masked soldiers who forcibly took her from their grasp.[64] Rodas was sent to Mexico, which offered her asylum and help to resolve the situation.[65]

Media restrictions

Reuters on 29 June 2009, describing the situation in Honduras as a "media blackout," reported that the military had shut down several TV stations, radio stations, and newspaper's websites. Among the TV stations closed were CNN en Español, TeleSUR, and "a pro-Zelaya channel." Reuters said that "the few television and radio stations still operating on Monday [the 29th] played tropical music or aired soap operas and cooking shows," and "made little reference to the demonstrations or international condemnation of the coup. . . ." A government health worker interviewed by Reuters said that the anti-Zelaya newspapers El Heraldo and La Tribuna, and "some television channels controlled by the opposition" were the only ones still broadcasting on the morning of the 29th.[66][67] The Miami Herald reported that the "crackdown on the media" began before dawn on the 28th. It said that only pro-Micheletti stations were allowed to broadcast and that they carried only news friendly to the new government.[68] On 29 June, four Associated Press personnel were detained and removed from their hotel, but then released.[69]

TeleSUR journalist Adriana Sívori, who was in Tegucigalpa reporting the clashes between the police and protesters, reported that she was arrested by the military under threat, and had her passport seized.[70] Her detention was confirmed by the Associated Press.[69] As soon as the international community learned of the detention, and after the quick intervention of the Venezuelan ambassador in Honduras, the journalist and the staff who accompanied her were released. Sívori was reportedly assaulted by the soldiers who detained her. TeleSUR was, until the detention and quick release of journalist Sívori, the only channel that was broadcasting live on all developments in the political crisis.[71]

According to Diario El Tiempo, there was also some information that the newspaper Diario El Tiempo had been prohibited to broadcast information about the developments. Canal 11, located in Colonia de Miramontes, was also prohibited from broadcasting information about the developments. The Cable Color buildings, which also broadcasts programming of CNN and teleSUR, were surrounded by military forces.[72] On 29 June, soldiers shut down Channel 8, a government station which was pro-Zelaya.[69] Channel 36 was raided by soldiers minutes after the coup and remained off the air for a week;[73] the Miami Herald of 1 July quoted owner Esdras López as saying that the building's occupants were detained during the raid. Channel 66 was raided and was off the air for a short time; according to some journalists, however, a Channel 66 program by Eduardo Maldonado, a popular radio and TV commentator who is pro-Zelaya, remained off the air for days. Maldonado went into hiding.[73] The Miami Herald noted that Channel 21's signal was briefly interrupted while it was broadcasting a plea against censorship.[74]

According to a press release published on the website of Radio Globo Honduras, a station which has long sided with Zelaya,[75] a group of 60 soldiers took the radio off the air and the employees, including Alejandro Villatoro, were allegedly threatened and intimidated. The station was allowed to resume transmission, but staff had to follow some rules which they believed limited freedom of expression.[76] The website of the radio was down but has been re-established.[citation needed] Alejandro Villatoro said that he was arrested and kidnapped for some hours by the military forces.[77] On or just before 4 August 2009, the National Telecommunications Commission (CONATEL) terminated Radio Globo's transmission frequency rights.[78]

"Honduras’ two leading radio networks, Radio América and Radio HRN, have urged Hondurans to resume their normal routine and not to protest."[79] Honduran newspaper La Prensa reported on 30 June that an armed group of Zelaya supporters, attacked its main headquarters by throwing stones and other objects at their windows, until police intervened. According to the paper, it was discovered that the group was led by Venezuelan and Nicaraguan nationalities.[80][unreliable source?]

The Paris-based press freedom group Reporters Without Borders released a statement on 29 June stating that, "The suspension or closure of local and international broadcast media indicates that the coup leaders want to hide what is happening." [81]

Carlos Lauría of the New York-based Committee to Protect Journalists said: "The de facto government clearly used the security forces to restrict the news... Hondurans did not know what was going on. They clearly acted to create an information vacuum to keep people unaware of what was actually happening." However, in an interview published on 9 July 2009 in the Washington Post, Ramón Custodio López, Honduras's human rights ombudsman, said he had received no official complaints from journalists: "This is the first I have heard about an occupation or military raid of a station," he said. "I try to do the best job I can, but there are things that escape my knowledge."[73]

Aftermath

Main article: Interim Presidency of Roberto Micheletti

There were demonstrations supporting and opposing Zelaya's removal from power. The Zelaya administration has been investigated and the prosecution has continued even though Zelaya has not been captured.[82][83] Some organizations reported human rights violations[54][84][85][86][87][88] and media restrictions.[89] Zelaya made two open attempts to return to the country, which were rebuffed, and eventually returned clandestinely and sought asylum in the Brazilian embassy in Tegucigalpa. Negotiations between the coup government and those seeking Zelaya's restitution continued a rocky path; although the San José-Tegucigalpa-Guaymuras Accord was signed by both sides, the two sides had differing interpretations as to the implications for Zelaya's restitution. Some Hondurans have hoped to move past the coup through the elections of 29 November.[90]

Public opinion

Main article: Public opinion on the 2009 Honduran coup d'état
Polling organization:
Dates of polling:
MOE and sample size: 		CID-Gallup[91][92]
Aug 2008-Jul 2009
+/- 3.3% (>1000 adults) 		COIMER & OP[93]
23–29 Aug.
+/− 4% (1,470 surveys) 		Greenberg Quinlan Rosner[94]
9–13 Oct. 2009
(621 individuals)
Do you favor Zelaya's expatriation? Yes 41% / No 46% / NR 13% Yes 17.4% / No 52.7% / NR 29.9% Yes 38% / No 60% / NR 3%
Did Zelaya's actions justify his removal from office? Yes 41% / No 28% / NR 31%
Favor constitutional convention to resolve crisis? Yes 54% / No 43% / NR 11%
Favorable opinion of Manuel Zelaya? Favorable 46% / Unfavorable 44% Favorable 44.7% /
Unfavorable 25.7% /
"Regular" 22.1% / NR 7.5% 		Warm 37% / Cool 39% (Personal opinion)
Approve 67% / Disapprove 31% (Government actions)
Favorable opinion of Roberto Micheletti? Favorable 30% / Unfavorable 49% Favorable 16.2% /
Unfavorable 56.5% /
"Regular" 17.1% / NR 10.2% 		Warm 28% / Cool 57% (personal opinion)
Approve 48% / Disapprove 50% (Government actions)
Favorable opinion of Hugo Chávez? Warm 10% / Cool 83% (personal opinion)
Zelaya should be restored? Yes 51.6% / No 33% / NR 15.4% Yes 46% / No 52% / NR 2% (Full powers)
Yes 49% / No 50% / NR 1% (Limited powers)
Elections should go forward even if crisis unresolved? Yes 66.4% / No 23.8% / NR 2.9% Legitimate 54% / Illegitimate 42% / NR 4%


References

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