Identifier
Created
Classification
Origin
08TEGUCIGALPA1034
2008-11-18 20:00:00
CONFIDENTIAL
Embassy Tegucigalpa
Cable title:  

VICE PRESIDENT ELVIN SANTOS RESIGNS

Tags:  PGOV KDEM SOCI HO 
pdf how-to read a cable
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C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 001034 

SIPDIS

E.O. 12958: DECL: 11/18/2018
TAGS: PGOV KDEM SOCI HO
SUBJECT: VICE PRESIDENT ELVIN SANTOS RESIGNS

REF: TEGUCIGALPA 1021

Classified By: Ambassador Hugo Llorens, reasons 1.4 (b & d)

C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 001034

SIPDIS

E.O. 12958: DECL: 11/18/2018
TAGS: PGOV KDEM SOCI HO
SUBJECT: VICE PRESIDENT ELVIN SANTOS RESIGNS

REF: TEGUCIGALPA 1021

Classified By: Ambassador Hugo Llorens, reasons 1.4 (b & d)


1. (C) Summary. Vice President Elvin Santos announced his
resignation on November 18, in an attempt to circumvent
suspected efforts by the Supreme Electoral Tribunal (TSE) and
the Congress to legally bar him from running for President.
Santos has thwarted these efforts, for now, by jumping ship,
but he will have to summon extraordinary organizational and
negotiating skills if he is to convince those in power behind
the scenes to allow him to run. End Summary.

Santos Resigns
--------------

2. (SBU) Elvin Santos appeared on the most popular morning
talk show "Frente a Frente" to announce his resignation on
November 18. He explained that he had received word on
November 17 from his Congressional allies that President of
the Congress Roberto Micheletti had called an emergency
session of the Congress to consider an undisclosed agenda.
Santos presumed that the agenda would be about his candidacy
and that there would be a Congressional attempt to terminate
it through some legislative means. To neutralize these
efforts Santos decided to resign. He is required to present
his resignation to the Congress and to President Zelaya.
Sources say that Zelaya has indicated he will accept the
resignation.

Semantics: "Vice President" versus "Designates"
--------------

3. (C) In response to the repeal of the reform of Articles
239 and 240 of the Constitution which abolished the office of
the Vice President (reftel),the Supreme Electoral Tribunal
issued a decree on November 18 that asked Congress to examine
the Constitution in detail and replace all mention of the
"Vice President" with "Presidential Designates." This is
important because the Constitution, which originally had
three designates, states that the designates cannot run for
President. The Constitution never explicitly states that the
Vice President cannot run for President (because the office
of the Vice President did not exist at that time). It does,
however, state that anyone who has held the office of the
Presidency, in any of its forms, cannot run. Santos has been
arguing all along that he has never "held" the office of
President, as even when President Zelaya was out of the

country, he remained President of Honduras. After the
Congress fulfills the TSE's request to replace all mention of
"Vice President" with "designates," Santos presumed the
Congress would follow with a declaration that the Vice
President is equivalent to the designates. This would then
make Santos ineligible to run for President, so he decided to
resign before any of these steps were taken.


4. (SBU) Santos said he resigned in order to continue his
fight to be allowed to run for President. He accused the
Congress, the TSE and the Supreme Court of all being
controlled by a small power group that was afraid of his
candidacy. He called on the diplomatic missions in the
country and the international community to be vigilant of
attempts to impede the ability of the country to hold free,
fair and transparent elections. Santos did not take his case
to the Supreme Court as he had told us he would (reftel),but
has now stated publicly that he will wait until after the
primary, in which he is being represented by a stand-in
candidate, before going before that body.

Punishment for Resignation?
--------------

5. (C) There has been talk among the Honduran political class
and press that anyone who resigns an elected office is
automatically blocked from running for another office for ten
years. There have been several precedents, however, where
elected officials have resigned and then run for President.
The Constitution has been amended many times and there is
much confusion, but the Embassy's legal counsel has
determined that the clause that punishes those who resign has
effectively been abolished and is no longer in force.

Comment

TEGUCIGALP 00001034 002 OF 002


--------------

6. (C) It seems that the TSE and Micheletti's forces in
Congress have plotted with President Zelaya to give Santos a
final and legal coup de grace and keep him out of the race,
although our Congressional contacts tell us that many members
have not yet appeared in Congress and are not supporting
Micheletti's efforts to finish Santos off. Santos has
thwarted these combined efforts, for now, by jumping ship.
He still has to win the primaries with his stand-in and then
get the court to confirm his right to run before claiming
victory. Winning the primary will take extraordinary
organizational skills and convincing the Supreme Court (and
those who control it) to allow his candidacy will take
extraordinary negotiating skills.


7. (C) An interesting factor that has not yet appeared in the
press is that the next in the presidential line of succession
to Santos is Micheletti. If Micheletti takes over the
second-in-line position, and Zelaya leaves the country, then
all of the arguments for disallowing Santos' candidacy might
then apply to Micheletti. End Comment.
LLORENS