POLITICAL AMNESTY DECREE APPROVED

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 000106

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV SOCI KJUS KCOR HO
SUBJECT: POLITICAL AMNESTY DECREE APPROVED

REF: A. TEGUCIGALPA 0035

B. TEGUCIGALPA 0026


1. (U) Summary: The National Congress on January 26 passed a
decree granting amnesty to those who committed the political
crimes of treason, crimes against the form of government,
terrorism, and sedition between January 1, 2008 and January
27, 2010. It also provides amnesty for the following common
crimes connected to political crimes: abuse of power, crimes
committed by individuals against the exercise of rights
guaranteed by the Constitution, and the crimes of
disobedience and abuse of authority and violation of public
officials' duties. The decree specifically states that it
does not cover actions which constitute crimes related to
corruption. The justification provided in the decree is that
it was advisable to contribute to the peace, harmony. and
national reconciliation of the Honduran family. End Summary.


2. (U) The National Congress on January 26 passed a decree
granting amnesty to those involved in the events leading up
to, including, and following the coup d'etat that took place
on June 28, 2009. President Porfirio Lobo, in a significant
and dramatic gesture, interrupted his inaugural address to
sign the decree. The decree grants general amnesty to those
citizens who attempted to or carried out actions constituting
the political crimes of: treason, crimes against the form of
government, terrorism, and sedition. It provides amnesty for
the following common crimes connected to political crimes:
abuse of power, crimes committed by individuals against the
exercise of rights guaranteed by the Constitution, and the
crimes of disobedience and abuse of authority and violation
of public officials' duties. The decree covers the time
period of January 1, 2008 through January 27, 2010. The
decree states that it was advisable to enact the decree in
order to contribute to the peace, harmony, and national
reconciliation of the Honduran family, thereby avoiding the
continuation of confrontation due to political and
ideological issues.


3. (U) The decree specifically states that it does not cover
actions which constitute crimes related to corruption such as
embezzlement of public funds, illicit enrichment, bribery and
others classified in the penal law as well as crimes against
humanity and violations of human rights. The decree notes
that Honduras is a signatory to international treaties and
conventions regarding corruption and that such signed and
ratified treaties form part of Honduran law and must be
observed.


4. (U) The decree states that political crimes are all those
that attempt against the existence and security of the state,
the system of government and the rights of the citizen. It
also states that connected common crimes are those that have
a direct and immediate connection with a political crime or
are a natural and frequent means to prepare, carry out or
assist in a political crime. The decree notes that Honduras'
national criminal law not only punishes the crime that is
carried out, but also the attempt which is punished as if the
crime had been carried out when unequivocal acts to effect
the crime are carried out and it is not consummated for
reasons extraneous to the will of those involved.


5. (U) The decree states that amnesty is a sovereign act of
the government that forms part of the constitutional system
and which can only be granted by the National Congress and
only and exclusively to consign to oblivion political crimes
and connected common crimes, but that it cannot be granted as
a pardon for other criminal violations. The decree says that
when the state, through the National Congress, consigns to
oblivion political crimes and connected common crimes, it
negates the applicable penalties for those acts and all its
legal effects except the right to compensation for damages
caused by the illegal conduct of the public official.


6. (SBU) Comment: The passage of the amnesty decree was a
critical and necessary step to contribute to closure and
allow for the healing of wounds created by the political
crisis and the June 28 coup. It will allow President
Porfirio Lobo and his government to move the country forward
and address the grave ills of inequality and poverty.
However, it does not exempt President Jose Manuel "Mel"
Zelaya and the members of his government from having to face
charges of corruption that have been lodged against them.

TEGUCIGALP 00000106 002 OF 002


LLORENS