STARVING FOR ATTENTION, HONDURAN PROSECUTORS

C O N F I D E N T I A L TEGUCIGALPA 000386 SIPDIS SIPDIS E.O. 12958: DECL: 04/17/2018 TAGS: PGOV KDEM EFIN HO SUBJECT: STARVING FOR ATTENTION, HONDURAN PROSECUTORS CONTINUE HUNGER STRIKE REF: A. TEGUCIGALPA 1325 B. TEGUCIGALPA 336 Classified By: Ambassador Charles Ford for reasons 1.4 (b & d) ¶1. (C) Summary: Week two of a hunger strike by seven career Honduran fiscales (prosecutors) ended Sunday, April 20, with another blow to a possible settlement as the strikers rejected the latest compromise from the Public Ministry (MP). The strikers allege politics and corruption are behind systemic attempts to thwart corruption investigations, while Ministry officials and others suggest the strikers have their own nefarious agendas. Most sources agree there is a much longer history of cases at the Ministry being fixed than prosecuted, and these prosecutors likely have participated in a little of both. Which all begs the question: if it's business as usually at the Ministry, why strike now? We believe the timing indicates that President Zelaya and other power brokers are manipulating the strikers' battle in order to cause chaos in the MP and to begin to pack both the Ministry and the Supreme Court with loyalists to protect the status quo once Zelaya leaves office. The strikers' call on Monday, April 21, for the firing of the Fiscal General (Attorney General) Leonidas Rosa Bautista, as well as a meeting between a committee representing the strikers and President "Mel" Zelaya, appear to support this theory. End summary. -------------- - Fed up with corruption, the prosecutors strike -------------- - ¶2. (U) Several career prosecutors at the MP began a hunger strike on April 7 with the stated intent of bringing to light three ways Attorney General Rosa was playing politics with corruption investigations. First, the strikers allege a "new" prosecutors' union created about two months ago by AG Rosa is full of his cronies and unlawful because a union with elected leadership already existed. Second, the strikers allege the MP was systemically dismantling investigative teams on important corruption and other high-profile cases in order to stymie the cases and aid persons being investigated. Finally, there are allegations of political firings and transfers intended to either move or remove troublemakers or those who were doing their jobs too well. ONE person rumored about to be fired was Jary Dixon, the president of the "old" union and the strikers' de facto leader. ¶3. (U) To address these problems, the strikers demanded an independent audit of approximately 25 cases they allege were being intentionally mismanaged, control of the union returned to the elected leadership, and the cessation or evaluation of proposed transfers and firings. ¶4. (C) Early efforts by the Ministry appeared to focus on trashing the strikers' reputations or trotting out loyal careerists to condemn the strikes. The strikers continued, motivated by high-profile visits (President Zelaya visited on Saturday, day 12) and small groups of allies who join the strike for a few days or offer their support in other ways. As the strike has worn on, the MP has made a more concerted effort to deal, perhaps concerned by either the possibility of the strikers' HEALTH deteriorating (two prosecutors were sent to the hospital April 21 but reportedly returned to the strike the next morning),or the increasingly negative MP-related graffitti that is starting to pop up around town. -------------- Dirty hands all around the table -------------- ¶5. (U) Reports of the last compromise offered by the MP had the MP conceding on all points except the independent audit of cases selected by the strikers. The strikers want the audit conducted by a group including two fiscales, two people selected by the MP, and a "Junta de Notables" (committee of notable persons) that would include NGOs. The MP put forth a plan (endorsed and suggested by regional fiscales) that would include various government and independent authorities as well as an external consultant hired by international organizations. Notably, the latest offer also included a promise Dixon would not be fired. ¶6. (C) The strikers rejected the offer after deliberating all weekend. Among the well-leaked reasons for the rejection is that the audit would have included members of the CNA (anti-corruption organization) that is headed by Juan Ferrera, whom is alleged to be linked to former President Callejas. Callejas, and to a lesser extent Ferrera, are almost certainly subjects of some of the cases the prosecutors want audited. Moreover, Callejas and Ferrera are also rumored to be clients of AG Rosa's family law firm (which he is rumored to still be operating despite the obvious conflict of interest). ¶7. (U) An "independent" commission of non-prosecutors stepped in to negotiate Monday night, but after a meeting with President Zelaya, the committee said they would go directly to Congress to call for Rosa's removal. (According to media reports, the committee met yesterday with the President to inform him that they intend to "roll the heads" of Rosa and Cerna.) President of Congress Micheletti is so far rejecting the demand to replace Rosa. ¶8. (C) The strikers, however, are not exactly wearing white hats. They are only seeking an audit of certain high-profile cases and the list is questionable. Embassy sources state that former Hondutel manager Marcelo Chimirri (who lost his U.S. visa under 212(f) for acts of public corruption - - see Reftel A) is among other notable high profile figures suspected of corruption whose names or cases are not on the list. Chimirri is a close associate of President Zelaya and is being represented by ONE of the lawyers whom the strikers have named as ONE of their choices for a new group of prosecutors to be hired. Moreover, several supporters of the strikers are rumored to be subjects of their own corruption investigations or have family members who are being investigated. -------------- - If corruption is ever-present, why strike now? -------------- - ¶9. (C) Comment: Rumors abound about the timing of this strike. The strikers allege the recent organization of the new counter-union was the last straw, but outside sources suspect certain motivated politicos (including, possibly, President Zelaya) are using the prosecutors' ire and politicization to push out Nationalist AG Rosa, not because he is too clean or too dirty, but because the right people's cases aren't being fixed the right way. Others believe this appears to be a political battle royale to protect friends and begin packing the court and MP with loyalists, to ensure the continuance of the status quo and protect Zelaya once he has left office. (See Reftel B.) ¶10. (C) Comment, cont.: The failure to find a quick solution might be demonstrating a larger issue for Honduras's power brokers. Their numbers are so small, and corruption is so widespread, that it is increasingly hard to find someone in public life who is "clean enough" to lead the MP out of this mess. Instead, if Rosa is forced out, we believe the replacement could very well be worse. Ford