PROSECUTORS, STRIKE REACHES 33 DAYS: CONGRESS

C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 000438 SIPDIS E.O. 12958: DECL: 05/05/2018 TAGS: PGOV KDEM MARR PHUM PREL SOCI HO SUBJECT: PROSECUTORS, STRIKE REACHES 33 DAYS: CONGRESS PASSES TRIPARTITE PROPOSAL THAT COULD DIFFUSE CRISIS, OR ZELAYA COULD PROLONG IT REF: TEGUCIGALPA 386 Classified By: Ambassador Charles Ford, Reasons 1.4 (b & d) ¶1. (C) Summary. The prosecutors' strike has now reached day 33 (ref a). It has become clear that the strikers (with the support of President Manuel Zelaya) are not negotiating in good faith, as they reject every proposal and make new demands. Even Zelaya has been publicly accused of this after he reneged on a plan he signed with the President of the Congress Roberto Micheletti and Chief Justice of the Supreme Court Vilma Morales. Government-supported violence has targeted the Attorney General and Congress, and Minister of Security Jorge Rodas Gamero is feeling pressure from all sides to increase or decrease police protection. On May 7 the Congress passed the tripartite plan in its original form, despite the fact that presidential advisors tried unsuccessfully to alter the agreed text. The plan is comprehensive and addresses all of the strikers' issues, except the dismissal of Attorney General Leonidas Rosa Batista and Assistant Attorney General Omar Cerna. The dismissal of the Attorney General in this manner and at this time would have major negative consequences for our work on counternarcotics The hope is that the public support for the strikers will now wane and the crisis will fizzle out on its own. However, Zelaya could prolong the strike in his effort to protect former telecommunications chief Marcelo Chimirri from prosecution, ensure his (Zelaya's) immunity after office, and create an institutional meltdown in accordance with his long-standing political objectives. Meanwhile, Morales informed us that she might file a case against Zelaya at the OAS. End summary. Strikers Reject Every Proposal -------------- ¶2. (C) As the crisis in the Public Ministry continues, it has become clear that the two sides are working under two different sets of rules. The prosecutors and their main backer, President Manual Zelaya, are not negotiating in good faith and have turned down every one of the proposals presented by various interlocutors. Many different proposals have been made, but each time new demands are made by the strikers and the proposals are rejected outright. In addition, Zelaya reneged on a tripartite deal he hammered out with President of the Congress Roberto Micheletti and Chief Justice of the Supreme Court Vilma Morales. The plan addressed all of the strikers' concerns, except that it was not retroactive. It was touted as finally offering a viable solution, but two hours after the document was signed by the three, Minister of the Presidency Enrique Flores Lanza began consultations with the prosecutors, and came back with a complicated addendum that called for the immediate separation of both Rosa and Cerna. Zelaya then publicly withdrew his support for the proposal. (Note: We believe that Zelaya could have forced the strikers to accept it, but perhaps he signed something he did not understand, or his cronies advised him the plan was not strong enough to suit his needs. End note.) Violence Erupts -------------- ¶3. (C) To further complicate the situation, the strikers' supporters have begun to get violent. On May 3, Rosa reported that he received a phone call informing him that an angry mob was headed to his house. He called the police and he and his family left immediately. Unfortunately, the police did not respond, and the mob entered his house and made a mess. The papers are reporting that the protesters were transported to Rosa's house in Ministry of Defense vehicles. On May 4 another mob gathered outside the television station where Rosa and Cerna were being interviewed. The journalist asked on the air for the police to respond and assist Rosa and Cerna in leaving the building. This time the police did respond and the two were escorted out safely. (Note: We believe the police felt forced to respond after being publicly summoned by the journalist. End note.) On May 6 another angry mob began pushing their way into the parking lot of the Congress. Dozens of Members of TEGUCIGALP 00000438 002 OF 002 Congress were trapped in the parking lot and not allowed to leave. Witnesses say the police who were present did not intervene to help the Members of Congress. When asked about police coverage in recent days, Minister of Security Jorge Rodas Gamero told PolCouns on May 7 that no matter what he did, he was criticized. When he doubled the police presence at the Congress, he was told that he had gone overboard, and when there were too few, he was accused of not protecting citizens adequately. Congress Passes the Tripartite Plan -------------- ¶4. (C) On May 7 the Congress passed the tripartite plan in its original form. Rosa told the Ambassador on May 8 that he was pleased with the plan, especially because it is not retroactive. In response, the strikers are calling on their supporters to engage in civil disobedience. Depending on how much public support the strikers can muster in the next few days, the new plan could take the wind out of their sails. Comment -------------- ¶5. (C) It is obvious to us that although Zelaya did not instigate the strike, he has completely taken control of the strikers, who played beautifully into his plans to break down government institutions. In the past months, Zelaya has openly attacked various institutions. We believe that this all stems from his desire to protect former Hondutel Director Marcelo Chimirri, who probably has derogatory information on Zelaya. Chimirri, a close friend of Zelaya, has been charged with several crimes. As the Chimirri investigation continues and new charges are raised against him, Zelaya is getting desperate to remove Rosa so that the new Attorney General can dismiss the case (or lose the evidence). In addition, Zelaya is concerned with his influence and personal immunity after he leaves office. Morales appears deeply troubled over the Administration's interference in legal processes and told us that she would soon file a case against the President in the Inter-American Court of Human Rights at the OAS. So far, both leading Liberal Party candidates for President (Micheletti and Vice President Elvin Santos) have refused to place any of Zelaya's closest confidantes on their lists for important offices during the upcoming electoral cycle. Zelaya's influence on the candidates for the new Supreme Court and Attorney General (if Rosa is able to stay in office) is rapidly waning and will be non-existent after the primaries in November, which explains the intensity of the argument at this time. While Zelaya has purchased some land in Nicaragua, he clearly does not want to leave Honduras after his Presidency. End Comment. Ford