[News] Honduras: Lawyers Question Basis of Zelaya Ouster
Anti-Imperialist News
news at freedomarchives.org
Fri Sep 25 16:04:56 EDT 2009
Honduras: Lawyers Question Basis of Zelaya Ouster
http://upsidedownworld.org/main/content/view/2132/1/
Written by Jennifer Moore
Friday, 25 September 2009
Since June 28 when the Honduran military shot
their way through the backdoor of President
Zelaya's private residence, kidnapping and
forcibly expatriating him to Costa Rica, the de
facto regime has maintained that Zelaya's removal
was a constitutional transfer of power. For its
part, the Obama Administration has condemned the
ouster, but stopped short of defining the events
as a military coup. By US law, this would require
the suspension of the majority of aid to the Central American country.
However, a preliminary report by an international
delegation of lawyers that visited Honduras in
late August affirms that a military coup is what
took place. The report considers the lack of an
independent judiciary in Honduras as part of the
context in which this occurred and points to
powerful economic and political groups opposed to
social advances promoted by President Zelaya as
the driving force behind the coup.
The report, drafted by members of the American
Association of Jurists, the National Lawyers
Guild, the International Association of
Democratic Lawyers and the International
Association Against Torture, further states that
the military overthrow was a clear violation of
Honduras' 1982 Political Constitution. Among
various constitutional articles that the report
claims were violated includes Article 102, which
states: "No Honduran may be expatriated nor
delivered by the authorities to a foreign state." [1]
Building upon observations pertaining to human
rights violations detailed in the report, the
National Lawyers Guild released a press bulletin
on Tuesday concerning the de facto government's
most recent abuses since Zelaya arrived at the
Brazilian Embassy in Tegucigalpa on Monday. Coup
leader Roberto Micheletti used Zelaya's return as
a pretext to unleash a new wave of aggression by
his security forces against Hondurans opposed to
the coup. The Guild also expressed special
concern for threats to the life of the democratically-elected president.
Zelaya's arrival, it concludes, should motivate
the US to denounce the violence, further isolate
the de facto regime and "no longer avoid
officially declaring a military coup d'etat." The
Guild also urges UN bodies, including the UN
Security Council and the UN Economic and Social
Council, to "initiate proceedings for an economic
blockade" and to "consider deploying a
peacekeeping mission to facilitate the return to
power of the legitimate constitutionally elected
government." The UN already announced Wednesday
that it would withdraw all support for upcoming
elections on November 29th.[2] The UN Security
Council is also anticipated to make an announcement this week.[3]
Dangerous Territory: Constitutional Reform
The most immediate trigger for the coup was a
non-binding, national opinion poll scheduled for
June 28. It was decreed by Zelaya under the
Citizens' Participation Law, notes the delegation
report, and would have taken place the same day
as he was ousted. Hondurans would have answered
the following question: "Are you in agreement
that during the 2009 general elections that a
fourth ballot box be installed in which the
people will decide whether to strike a Constituent Assembly? Yes/No."
According to the report, the opinion poll was a
"determining factor" in the coup. They explain
that "powerful economic and political sectors
including those who control the Honduran media
vehemently opposed the move and recurred to the
courts and the legislature to put in motion a
very accelerated lawsuit, lacking assurances of
due process in order to justify actions without
grounds against President Zelaya, who they
intended to try." Other reforms Zelaya was
enacting which enraged to the business class
included the rise in the minimum wage, the
exclusion of intermediaries from state fuels
purchases and the decision to purchase oil from
the cheapest provider - the Venezuelan oil company Petrocaribe.
The speed with which the Supreme Court processed
legal measures to block the survey raised
suspicions among the delegation. "In contrast to
the speed with which they acted against the
constitutionally elected President Zelaya, [the
Supreme Court] has not made any decisions with
regard to any legal process since then - up until
this report was drafted [on September 12th] - to
sanction those responsible for violations of the
constitution and legal order [as a result of the coup]."
Furthermore, one delegation member comments, "the
de facto government clearly avoided using its
legal power to arrest Zelaya when he tried to
re-enter Honduras, compounding the violation of
rule of law and furthering the appearance that
there is no basis for claims that Zelaya
committed crimes justifying his removal from
office and claims that he lacks support within Honduras."
Concerns over weaknesses in Honduras' judiciary
have been raised before. The Inter American Human
Rights Commission has criticized the country for
lack of an independent and efficient judiciary,
notes another member of the delegation.
Furthermore, a report from Freedom House states,
"The judicial branch of government in Honduras is
subject to intervention and influence by both the
elected branches and wealthy private interests."
[4] The US State Department profile of Honduras
also mentions that "Although the constitution and
law provide for an independent judiciary, the
judicial system was poorly funded and staffed,
inadequately equipped, often ineffective, and
subject to patronage, corruption, and political influence." [5]
Also worrisome to the delegation was the contrast
found between the ease with which Zelaya's ouster
was executed and the delays in addressing civil
society requests for habeas corpus and
constitutional protection as a result of police
and military excesses over the last three months.
Human Rights Commissioner Compromised
Human rights abuses have escalated again this
week since Zelaya's arrival on Monday. The de
facto regime has enforced a continuing military
curfew, while state security forces have
arbitrarily detained, beaten and even killed
people. The security of the Brazilian Embassy
where Zelaya is staying has also been threatened.
The international group of lawyers raises deep
concerns about the significant rise in human
rights violations since June 28 and observes the
lack of attention to such grievances by state
institutions such as the Office of the Public
Prosecutor and the Human Rights Commissioner's Office.
While visiting Honduras, the delegation received
complaints about violations of political and
civil rights, as well as economic, social and
cultural rights. Among those they report are
violations of the right to life, physical
integrity, liberty of expression, access to
information, the freedom of association and due
legal process. They also received testimonies
concerning cruel and degrading treatment against
women and abusive treatment of minors, including
forced military recruitment among poor sectors of the population.
Additionally, they note at least four deaths
since the coup, although other estimates were up
to about 11 at the start of this week. [6] In
this context, they point out, "A lack of will on
the part of the public attorney's office to
immediately and diligently investigate what took
place in order to bring those responsible to
justice, which contrasts with the swiftness and
efficiency with which governmental organisms
processed claims against the deposed president."
They also concluded that many people have avoided
presenting complaints to the National Human
Rights Commissioner's office given that the
Commissioner is an open supporter of the coup.
Instead people were forced to file reports to
civil society organizations such as the Committee
of Relatives of the Detained and Disappeared of
Honduras (COFADEH) because of a lack of
confidence that their cases would be properly addressed.
Seeing such weaknesses in human rights protection
by the state since the coup, the lawyers' report
recommends that "organisms such as the National
Human Rights Commissioner, whose mandate is
specifically to protect human rights, be led by
persons committed to the defense of human rights
and not by those who have declared themselves in
favor of the coup, such as is the case with Commissioner Dr. Ramón Custodio."
Custodio was quoted by Europa Press this week
openly criticizing international human rights
delegations, accusing them of having political
interests in trying to make a victim out of
Honduras and stating that they, including
participants of an upcoming mission from the UN,
"are looking for a mechanism to once again aggrieve the Honduran people." [7]
Serious human rights violations and the use of
excessive force by state forces have been
documented and denounced in recent months by the
International Federation of Human Rights, the
Inter American Human Rights Commission (an
autonomous body of the Organization of American
States), Amnesty International and now Human
Rights Watch (HRW). Yesterday, the Spanish news
agency EFE reported that HRW "asked the OAS to
demand the government of Robert Micheletti to
desist in applying force against protesters and
to guarantee fundamental human rights." They
noted one confirmed death this week and at least
150 arbitrary detentions. A HRW representative
also mentioned four unconfirmed deaths as a
result of police violence in Tegucigalpa. [8]
Whereas coup leaders lacked constitutional
grounds upon which to oust Zelaya, those in
Honduras who oppose the coup do have the right to
insurrection. Article 3 of their 1982 Political
Constitution states, "No one owes obedience to a
government which usurps power nor those who
assume public functions or employment through the
use of arms or through means or processes that
break or fail to recognize what the constitution
and laws establish. The verified acts of such
authorities are null. The people [of this
country] have the right to recur to insurrection
in defence of constitutional order."
The pro-democracy movement, perhaps the least
anticipated outcome of the coup, has now managed
to sustain itself for almost 90 days.
The World's Turn
Finally, members of the American Association of
Jurists, the National Lawyer's Guild, the
International Association of Democratic Lawyers
and the International Association against Torture
conclude their report by calling upon the
international community to echo efforts toward
the restoration of democratic order in Honduras,
and ultimately the region, by concertedly
promoting the unconditional return of President Manuel Zelaya.
Indicating the need for ongoing human rights
vigilance and accompaniment in the current
period, they insist that upcoming elections not
be recognized and that much stronger economic sanctions be implemented.
They further add that resulting abuses "cannot
remain in impunity" and recommend that an
international tribunal be established to try
those responsible. Furthermore, given the
brutality with which state forces have come down
on Honduran people in recent months, they propose
that reforms be considered "to assure the
subordination of the armed forces to civil
society, including that proposals that could
result in the elimination of the armed forces and
their permanent abolition be studied such as has
taken place in Panama and Costa Rica."
Notes:
1. For news and updates from the delegation: www.nlginternational.org
2. "ONU suspende asistencia a elecciones en
Honduras" Prensa Latina, 23 September 2009;
http://www.prensa-latina.cu/index.php?option=com_content&task=view&id=119683&Itemid=1
3. "Consejo de Seguridad de la ONU se pronunciara
sobre el Golpe en Honduras" Pulsar, 23 September
2009; http://www.agenciapulsar.org/nota.php?id=15869
4. "Countries at the Crossroads 2007: Honduras"
Freedom House;
http://www.unhcr.org/refworld/country,,FREEHOU,,HND,4562d94e2,47386925c,0.html
5. http://www.state.gov/g/drl/rls/hrrpt/2007/100644.htm
6. "The Road to Zelaya's Return" Ben Dangl,
Truthout, 22 September 2009; http://www.truthout.org/092209A
7. "Gobierno 'de facto' denuncia que los
relatores de DDHH de la ONU 'buscan un
instrumento para agredir'" Europa Press 19
September 2009;
http://www.europapress.es/latam/honduras/noticia-gobierno-facto-denuncia-relatores-ddhh-onu-buscan-instrumento-agredir-20090919235625.html
8. "Human Rights Watch pide a la OEA que exija el
cese de la represion en Honduras" EFE 23
September 2009;
http://es.noticias.yahoo.com/9/20090924/twl-human-rights-watch-pide-a-la-oea-que-e1e34ad.html
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/news_freedomarchives.org/attachments/20090925/c00014c9/attachment.htm>
More information about the News
mailing list