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