<html>
<body>
<font size=4><b>Honduras: Lawyers Question Basis of Zelaya
Ouster<br><br>
</b></font><font size=3>
<a href="http://upsidedownworld.org/main/content/view/2132/1/" eudora="autourl">
http://upsidedownworld.org/main/content/view/2132/1/<br>
</a>Written by Jennifer Moore <br>
Friday, 25 September 2009 <br><br>
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.
<br><br>
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.
<br><br>
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] <br><br>
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. <br><br>
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] <br><br>
Dangerous Territory: Constitutional Reform <br><br>
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."<br><br>
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. <br><br>
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]." <br><br>
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." <br><br>
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] <br><br>
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.
<br><br>
Human Rights Commissioner Compromised <br><br>
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. <br><br>
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. <br><br>
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."<br><br>
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.
<br><br>
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."
<br><br>
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] <br><br>
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] <br><br>
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." <br><br>
The pro-democracy movement, perhaps the least anticipated outcome of the
coup, has now managed to sustain itself for almost 90 days. <br><br>
The World's Turn <br><br>
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. <br><br>
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.<br><br>
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."<br><br>
Notes: <br><br>
1. For news and updates from the delegation:
<a href="http://www.nlginternational.org/" eudora="autourl">
www.nlginternational.org</a> <br>
2. "ONU suspende asistencia a elecciones en Honduras" Prensa
Latina, 23 September 2009;
<a href="http://www.prensa-latina.cu/index.php?option=com_content&task=view&id=119683&Itemid=1" eudora="autourl">
http://www.prensa-latina.cu/index.php?option=com_content&task=view&id=119683&Itemid=1</a>
<br>
3. "Consejo de Seguridad de la ONU se pronunciara sobre el Golpe en
Honduras" Pulsar, 23 September 2009;
<a href="http://www.agenciapulsar.org/nota.php?id=15869" eudora="autourl">
http://www.agenciapulsar.org/nota.php?id=15869</a> <br>
4. "Countries at the Crossroads 2007: Honduras" Freedom House;
<a href="http://www.unhcr.org/refworld/country,,FREEHOU,,HND,4562d94e2,47386925c,0.html" eudora="autourl">
http://www.unhcr.org/refworld/country,,FREEHOU,,HND,4562d94e2,47386925c,0.html</a>
<br>
5.
<a href="http://www.state.gov/g/drl/rls/hrrpt/2007/100644.htm" eudora="autourl">
http://www.state.gov/g/drl/rls/hrrpt/2007/100644.htm</a> <br>
6. "The Road to Zelaya's Return" Ben Dangl, Truthout, 22
September 2009;
<a href="http://www.truthout.org/092209A" eudora="autourl">
http://www.truthout.org/092209A</a> <br>
7. "Gobierno 'de facto' denuncia que los relatores de DDHH de la ONU
'buscan un instrumento para agredir'" Europa Press 19 September
2009;
<a href="http://www.europapress.es/latam/honduras/noticia-gobierno-facto-denuncia-relatores-ddhh-onu-buscan-instrumento-agredir-20090919235625.html" eudora="autourl">
http://www.europapress.es/latam/honduras/noticia-gobierno-facto-denuncia-relatores-ddhh-onu-buscan-instrumento-agredir-20090919235625.html</a>
<br>
8. "Human Rights Watch pide a la OEA que exija el cese de la
represion en Honduras" EFE 23 September 2009;
<a href="http://es.noticias.yahoo.com/9/20090924/twl-human-rights-watch-pide-a-la-oea-que-e1e34ad.html" eudora="autourl">
http://es.noticias.yahoo.com/9/20090924/twl-human-rights-watch-pide-a-la-oea-que-e1e34ad.html<br>
<br>
<br><br>
</a></font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>