Identifier
Created
Classification
Origin
10TEGUCIGALPA166
2010-02-24 01:17:00
UNCLASSIFIED
Embassy Tegucigalpa
Cable title:
HONDURAN APPEALS COURT RATIFIES DISMISSAL OF
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UNCLAS TEGUCIGALPA 000166
SIPDIS
STATE FOR WHA/CEN
E.O. 12958: N/A
TAGS: PGOV MARR KJUS KDEM HO
SUBJECT: HONDURAN APPEALS COURT RATIFIES DISMISSAL OF
CHARGES
REF: A. TEGUCIGALPA 16
B. TEGUCIGALPA 120
UNCLAS TEGUCIGALPA 000166
SIPDIS
STATE FOR WHA/CEN
E.O. 12958: N/A
TAGS: PGOV MARR KJUS KDEM HO
SUBJECT: HONDURAN APPEALS COURT RATIFIES DISMISSAL OF
CHARGES
REF: A. TEGUCIGALPA 16
¶B. TEGUCIGALPA 120
¶1. (U) A special appeals court tribunal comprised of three
members of the Honduran Supreme Court ratified the dismissal
of charges against the military Armed Forces Chief of Staff
and Joint Staff of illegal expatriation and abuse of power in
connection with the June 28 coup d'etat, in a February 19
hearing (reftel A). Supreme Court President Jorge Rivera had
dismissed the charges in a hearing on January 26(reftel B).
The Public Ministry (prosecutors' office) then appealed the
dismissal to the special appeals court.
¶2. (U) The special appeals court was formed with three
members of the Supreme Court serving as judges: Jorge Reyes
Diaz, Victor Manuel Martinez, and Rosa de Lourdes Paz.
According to press reports, after reviewing the case, the
Court of Appeals upheld the January 26 decision dismissing
the charges. If the Public Ministry wishes to pursue the
case further, it may appeal to the entire Supreme Court.
¶3. (U) Comment: As the Supreme Court colluded with the
military in the removal of Zelaya, neither ruling was ever in
doubt. Critics note that the close (if murky) involvement of
the Supreme Court in the events leading to June 28, should
have required Court Magistrates to recuse themselves from
sitting in judgment in a case of criminal charges filed
against the senior military commanders for their involvement
in the coup. These charges included kidnapping President
Zelaya at his personal residence, failing to enforce the
"alleged" arrest warrant issued by the Court, and
transporting the President by plane to San Jose, Costa Rica
(extradition of a Honduran national is violation of the
Honduran constitution.) All of these actions are clear
illegalities. In his decision, Supreme Court President Jorge
Rivera, affirmed by the Appeals Panel, chose to cite the
vague legal term of "state of necessity" to justify the
military action against the civilian head of state.
LLORENS