Honduran Coup Timeline

id: 215097

date: 7/2/2009 20:12

refid: 09TEGUCIGALPA527

origin: Embassy Tegucigalpa

classification: UNCLASSIFIED

destination: 09TEGUCIGALPA523

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UNCLAS SECTION 01 OF 04 TEGUCIGALPA 000527

 

 

SIPDIS

 

STATE FOR WHA/CEN

 

E.O. 12958: N/A

TAGS: PGOV, PINR, KJUS, EAID, PHUM, MARR, HO

SUBJECT: Honduran Coup Timeline

 

REF: Tegucigalpa 523 and others

 

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1. Summary: The following is the Embassy's timeline of political and

legal events leading up to the June 28, 2009 coup.  We believe that

the military and the Congress conspired in the coup.  There were

also decisions that impacted on Zelaya's legal situation.

Nevertheless, while there is evidence of many improprieties and

illegalities committed by the Zelaya Administration, the actions

taken to remove the President were patently illegal.  The proper

procedure to remove a sitting President would have required a trial

in the court system.  End summary.

 

Timeline

--------

 

2005:

 

-- Congress repeals the impeachment law.  While the Congress has the

right to summon the President and to investigate his/her actions,

there is no clear procedure on what action it can take after such an

investigation.  The only remaining legal means to remove a sitting

President is for the Public Ministry to file a criminal case with

the Honduran Supreme Court.  The Supreme Court appoints a Magistrate

to hear the case.  If the Magistrate must determine that the case is

valid, after which the case will be moved to trial.  During this

process, the President will have full due legal process and is given

the right to legal representation.  A ruling by the Supreme Court

against the President is the only way to legally separate him/her

from the office.

 

23 March 2009:

 

-- Honduran President Jose Manuel Zelaya Rosales announces a

plebiscite to be held on 28 June 2009 to measure popular support for

the Fourth Urn.  There will be three urns on election day November

29, 2009, one for the President, one for Congress and one for

mayoral candidates.  The fourth urn would be for votes on whether or

not the electorate wants to convoke a constituent assembly for the

purpose of reforming the Honduran Constitution.

 

1 May 2009:

 

-- Zelaya officially launches the Fourth Urn campaign.  Zelaya and

his allies argue for reform of the constitution via a constituent

assembly.  The Fourth Urn campaign was officially launched in a May

Day rally consisting of 5,000 - 10,000 supporters.  The primary

participants were representatives of labor unions, farmers'

organizations and government workers who support Zelaya.  Polling at

this time suggested the Fourth Urn had between 55 percent and 75

percent popular support.  Most of those polled at the time did not

understand the purpose of the plebiscite and approximately 90

percent did not support the idea of Zelaya staying in power beyond

his mandate.

 

May 2009:

 

-- The Attorney General's office files a case in a Federal

Administrative court challenging the legality of the 28 June

plebiscite.  The case is to determine whether the plebiscite is

legal because the entity tasked with conducting the plebiscite, the

National Statistics Institute (INE), cannot be involved in

activities that are political in nature.  The proposal to hold a

constituent assembly is also considered unconstitutional.

 

28 May 2009:

 

-- The Administrative Court judge rules in favor of the Attorney

General and abrogates the President's decree authorizing the

plebiscite.  The judge instructs all government agencies to suspend

all publicity and logistical activities related to the plebiscite.

 

 

-- Zelaya convenes a press conference, along with the Minister of

Defense Edmundo ((Orellana)) and Armed Forces Chief General Romeo

Vasquez Velasquez, to say that he will continue with the plebiscite

 

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despite the court order.  Zelaya orders the Armed Forces to provide

the logistics to carry out the plebiscite.

 

-- In response to the ruling, Zelaya reformulates the decree,

referring to the plebiscite as a "poll" in an effort to get around

the court's ruling.  The case returned to the court and the judge

ruled that the decision was a broad one, covering any activity

calling for a constituent assembly.

 

16 June 2009:

 

-- An appellate court rules in favor of the lower court's judgment.

Zelaya ignores the ruling and continues preparing and promoting the

28 June poll.  Following the ruling, the judge ordered the Attorney

General to notify the President and the Armed Forces that, should

they continue support for the poll, they would be in violation of

the ruling and would be subject to criminal penalties and fines.

 

24 June 2009:

 

-- Zelaya fires General Vasquez after Vasquez refuses to carry out

Zelaya's order to provide logistical support for the 28 June poll.

Vasquez refuses to carry out the order because he deems it illegal

based on the courts' rulings.

 

-- The chiefs of the Army, Navy and Air Force along with Minister of

Defense Orellana resign in solidarity with General Vasquez.  All

military leaders remain in their posts despite the President's

firing of Vasquez and their resignations.  Zelaya does not name any

successors.

 

25 June 2009:

 

-- The Supreme Court and the National Congress are called into

session after Honduran political leaders are unable to reach an

agreement on the wording for the 28 June poll.  Zelaya wants the

poll to refer to a constituent assembly; the opposition wants the

poll to only ask about constitutional reform and allow the National

Congress to determine how to reform the constitution.

 

-- The Supreme Electoral Tribunal (TSE), the entity responsible for

running all official Honduran elections, rules the poll illegal.

 

-- Attorney General Luis Alberto Rubi issues a statement calling

Vasquez's firing illegal and promises to seek a court order to

reinstate Vasquez.  The Attorney General announces that his office

will go to Air Force Headquarters to take control of poll materials,

which had been flown in, by request of the TSE.

 

-- Zelaya calls upon a group of approximately 2,000 social activists

to go with him to Air Force headquarters to collect the materials

before the Attorney General can do so.  Air Force Chief General

Javier Prince turns the materials over to Zelaya.

 

-- The "Constitutional Hall," a five-magistrate panel of the Supreme

Court, rules unanimously that Zelaya's firing of General Vasquez was

illegal and reinstates Vasquez.  The court requests that the case

regarding Zelaya's poll be brought before them.

 

-- Zelaya announces that logistical support for the poll will be

provided by volunteers rather than government officials.

 

-- Congressional leadership had prepared legislation to support the

court findings of the poll's illegality, but to permit the military

to provide logistical support without sanctions.  The Congress

refuses to support the bill.

 

-- Congress nearly brings a vote to the floor to remove Zelaya from

office.  Congressional leaders ultimately decide not to vote to

remove Zelaya.  Congress launches an inquiry and creates a

commission to look into legal violations allegedly committed by

Zelaya and his Administration.  Between 25 June and 27 June,

Congress established 18 alleged legal violations by Zelaya, but did

not establish proofs to support the allegations.

 

 

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26 June 2009:

 

-- The Tegucigalpa Chamber of Commerce organizes an anti-Zelaya

demonstration in Tegucigalpa Central Park.  Several thousand

supporters show up.

 

-- Several thousand people gather outside the headquarters of the

Honduran Military Joint Chiefs in support of the military's actions.

 

 

27 June 2009:

 

-- Online newspaper Proceso Digital prints an article alleging

Zelaya's decree, published in the 25 June issue of the official

paper La Gaceta, states that the 28 June poll will immediately

convoke a constituent assembly.  The newspaper reports that Zelaya

has changed the rules at the last minute, and the poll will have

consequences not previously reported.

 

-- Zelaya holds a press conference and invites foreign diplomats to

attend under pretext of discussing the political crisis.  He

announces that he will follow through with the 28 June poll in the

presence of the "international observers" present at the press

conference.

 

-- A small group of Congressional leaders including President of the

National Congress Roberto Micheletti Bain decide that Zelaya must be

removed from the Presidency based on their belief that he will

convoke the Constituent Assembly following the 28 June poll and that

the Constituent Assembly will dissolve Congress and the Supreme

Court.  Their concern is based on the 25 June publishing of the

decree in La Gaceta (copy attached), which they interpret to say

that the poll legally authorizes the convoking of a constituent

assembly.

 

-- Micheletti obtains General Vasquez's approval for Zelaya's

removal allegedly with a Supreme Court order authorizing the Armed

Forces to arrest Zelaya.

 

28 June 2009:

 

-- 0525 hrs:  Zelaya is captured at his home by Honduran Military

Forces.  He is transported to the Air Force Base and is taken to San

Jose, Costa Rica.  Zelaya arrives in Costa Rica at 0725 hrs.  The

Congress announces it will initiate an emergency session.

 

-- 0800 hrs:  A small number of protesters begin to gather in front

of the Presidential Palace.

 

-- 0830 hrs:  First reports emerge that former Honduran Foreign

Minister Patricia Rodas Baca has been captured and removed from

Honduras.

 

-- 1100 hrs:  The Supreme Court announces that Zelaya's poll was

illegal and should not have been carried out.

 

-- 1233 hrs:  The Secretary of the Congress, Jose Alfredo Saavedra,

reads an alleged resignation letter from Zelaya.  The letter is

dated 25 June.  The Congress votes to accept the resignation.

 

-- 1345 hrs:  The President of the National Congress, Roberto

Micheletti Bain, is named the constitutional President of Honduras.

He promises elections will be held as scheduled on 29 November.  The

naming of Micheletti as President is ratified at 1530 hrs.  Saavedra

is named President of the National Congress.  Enrique Ortez

Colindres is named Foreign Minister.

 

-- 1945 hrs:  Zelaya leaves Costa Rica to travel to Nicaragua for

the SICA conference.

 

29 June 2009:

 

-- Political leaders argue they removed Zelaya because of the decree

published in the Gazette convoking the Constituent Assembly,

something that can only be done by the Congress.  The Congress was

 

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concerned that Zelaya would suspend the congress and the courts.

Political leaders argue that Micheletti was named President because

Vice President Aristides Mejia was never sworn into office.

 

-- The area remains relatively calm with isolated incidents of

violence in front of the Presidential Palace by pro-Zelaya

protesters.

 

-- Gabriela Nunez is named Finance Minister.  Adolfo Leonel Sevilla

is named Defense Minister.  Jorge Aguilar is named Director of the

state telecom company HONDUTEL.

 

-- Zelaya promises to return to Honduras on Thursday, 2 July.

 

30 June 2009:

 

-- Zelaya speaks at the United Nations.  Approximately 10,000 people

participate in an anti-Zelaya protest in the Central Park.

Approximately 2,000 protest in favor of Zelaya in front of the

Presidential Palace.  There are other isolated, scattered protests

around the country in favor of Zelaya.

 

-- The Public Ministry files charges on 18 counts against Zelaya and

promises to arrest him if he returns to Honduras.

 

-- Jorge Rodas Gamero remains as Security Minister; Sandra Midence

heads the Central Bank.

 

Comment

-------

 

2. While there have been claims that the Supreme Court issued a

warrant for Zelaya's arrest, the president of the Supreme Court has

told us that this is not true.  The only warrant we are aware of is

one issued either late on June 25 or early on June 26 by a lower

court ordering the seizure of polling material.  It appears that the

Attorney General, the military conspired with Micheletti and other

leaders of Congress to remove Zelaya based on their fear that he

planned to convene a Constituent Assembly immediately after the June

28 poll.  They base their claim that he would have done so on the

publication in the legal gazette on June 25 of the decree calling

for the poll.  Micheletti's supporters say that publication calls

for the convening of the Constituent Assembly.  However, this is

patently false, the publication simply states: "Are you in agreement

that in the general elections of 2009, there be a fourth urn in

which the people decide the convocation of a National Constituent

Assembly."

 

3. While the Military and Congress appear to have been behind the

coup, they actually have no legal power to remove a president.  This

sole power lies with the courts, and would have to be based on a

criminal case filed by the Public Ministry (prosecutors).  We have

seen a resignation letter dated June 25 signed by Zelaya.  He denies

having signed it.  However, even if he had, it would have been done

at gun point in the early morning hours of June 28.  Honduran law

negates any action taken while under duress.

 

Llorens

 

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