TFH01: UPDATE ON FREEDOM OF EXPRESSION PRE-ELECTION

C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 001207 SIPDIS E.O. 12958: DECL: 11/24/2019 TAGS: PGOV PINR KDEM HO PHUM SUBJECT: TFH01: UPDATE ON FREEDOM OF EXPRESSION PRE-ELECTION REF: A. TEGUCIGALPA 1176 ¶B. TEGUCIGALPA 529 Classified By: Ambassador Hugo Llorens, reasons 1.4 (b) and (d) ¶1. (C) Summary. The Embassy has been at the forefront to pressure the de facto National Telecommunications Commission (CONATEL) to take seriously an investigation of interference of the signal of anti-coup Channel 36 television station. On November 23, the de facto head of CONATEL, Miguel Rodas told DCM that CONATEL had narrowed down the location of the interference and submitted a status report of its investigation to the Special Prosecutor for Human Rights Sandra Ponce. However, on November 24 Channel 36 owner Esdras Lopez reported to Embassy that the interference had returned. As of November 24, Channel 36 is still off the air. Channel 36 owner, Esdras Lopez, expressed gratitude to the Ambassador on November 23 and 24 for the Embassy's assistance to support freedom of expression. The Human Rights Prosecutor announced on November 23 that it sent a subpoena to the Supreme Court regarding two members of the Honduran military for their alleged role in the military occupation of Channel 36 on June 28. In a decision published on November 21, the de facto minister of government and justice Oscar Raul Matute Cruz stripped Father Andres Tamayo, a supporter of President Jose Manuel "Mel" Zelaya who was with him in the Brazilian Embassy until November 16, of his Honduran citizenship, which he obtained through naturalization, due to public statements Tamayo made calling for a boycott of elections. End Summary. Investigation into Channel 36 Transmission Interference -------------- -------------- ¶2. (C) The DCM spoke to Miguel Rodas, the de facto head of the National Telecommunications Commission (CONATEL),on November 20, 23 and 25 to express USG concern regarding an unknown interference that had caused the signal of anti-coup Channel 36 to not transmit correctly. Rodas said that CONATEL believes this attack involved a microwave signal aimed at Channel 36's microwave repeater. Rodas told the DCM that interference against Channel 36 was deliberate but from a private source and said that CONATEL staff had narrowed down the area from which the interference originated and believe it originated from Las Lomas, an upper class neighborhood of Tegucigalpa. CONATEL sent a formal report of the investigation to the Special Prosecutor for Human Rights Sandra Ponce on November 22 that concluded the interference appears to be coming from the "Sky" building in the Las Lomas neighborhood. ¶3. (C) Rodas discussed with the DCM on November 20 the earlier attack against Channel 36 in October in which CONATEL believes a signal was sent to the satellite used by Channel 36 that interfered with its ability to broadcast the channel's programming. INTELSAT, the provider of the satellite services, told Rodas that the signal could be coming from anywhere in North America, but Rodas told the DCM he assumed it came from a private site in Honduras. Rodas requested the Department's help to follow-up on a November 10 letter sent to the FCC requesting technical assistance. Embassy passed along the request on November 23. ¶4. (U) During a November 23 interview with anti-coup news outlet, "Radio Globo," Rodas said that a technical team from CONATEL was working "twelve hours a day" to locate the signal interference that is impacting Channel 36's transmission. He gave an update of the investigation and described the interference as "illegal" and promised CONATEL's full support to locate it and stop it. During the same radio program, Human Rights Prosecutor Sandra Ponce said her office had formally requested an investigation into the interferences of Channel 36's transmission. Ponce acknowledged receiving the status report from Rodas and described CONATEL's investigation as serious. ¶5. (C) The owner of anti-coup radio station, Esdras Lopez, expressed on November 23 to the Ambassador his gratitude for the assistance of the Embassy in pressuring CONATEL to take the interference seriously. Lopez later called Poloff to express the same gratitude to the US for its support of press freedom in Honduras. Poloff assured Lopez that the issue was important to the US and that the Embassy would continue to do what we can to support the freedom of expression. TEGUCIGALP 00001207 002 OF 002 ¶6. (C) Esdras Lopez told Ambassador and Poloff on November 24 that the interference had returned. PolCouns spoke to CONATEL head Miguel Rodas and again expressed grave concern regarding press freedom the week of elections and the importance of the issue to the United States. Rodas replied that his team determined late on November 23 that the signal interference again was occurring with Channel 36's satellite and they no longer believed it was a local microwave interference. In a follow-up phone call to Rodas on November 25, the DCM again stated strongly the importance of press freedom and demanded that CONATEL act now to correct the signal interference. Subpoena in case of military take-over of Channel 36 -------------- -------------- ¶7. (U) Two subpoenas were filed with the Supreme Court by the Human Rights Prosecutor Sandra Ponce on November 23 in relation to the military take-over of Channel 36 on June 28 (ref B). The subpoena alleged that Honduran Army Lieutenant Colonel Jose Arnulfo Jimenez and soldier Darvin Ismael Ardon Valerio are guilty of the crime of abuse of authority and a crime against press outlets for their involvement in carrying out a military order on June 28 to occupy anti-coup Channel 36 building in Tegucigalpa and its transmitters that resulted in the temporary termination of the channel's ability to transmit. Arnulfo and Ardon could face 3-6 years imprisonment under article 271 of the penal code if found guilty. Father Tamayo Stripped of Citizenship -------------- ¶8. (U) Father Andres Tamayo, who was in the Embassy of Brazil with President Zelaya until November 16 when he left the Embassy and then traveled to his native country of El Salvador on November 17, was stripped of his citizenship by the de facto regime and ordered expelled from Honduras based on a decision published in the national register on November 21 (Note. Father Tamayo left Honduras before the order of expulsion could be applied. End Note. (ref A)). The decision made by the de facto minister of government and justice, Oscar Raul Matute Cruz, stated that the basis for the cancellation was "irregular conduct" by Father Tamayo that is considered criminal under the Honduran penal code and electoral law and that the conduct of Fr. Tamayo had been incongruent with constitutional precepts. The cancellation of Tamayo's citizenship was the result of his classification as "unworthy of the Honduran nationality." The decision cited press reports of daily newspapers "La Tribuna, and "El Heraldo," in which Father Tamayo was quoted as saying, "If the coup government does not accept restitution, there will not be elections, we are going to boycott them." (Comment: While it is illegal in Honduras to call for an election boycott, this move was clearly carried out due to Tamayo,s support of and relationship with Zelaya.) LLORENS