Norma C. Gutiérrez surfaces again, now in Narco News

[Downwinder]

Library of Congress Report Determines Honduran Coup Was Constitutional Despite Having Unconstitutional Aspects

http://narconews.com/Issue60/article3835.html

[Peace Patriot]

1. Lawyers' Guild and top internat'l lawyers and jurists demolish the Honduran judiciary

on all counts. Here's a description of the report:

...a preliminary report by an international delegation of lawyers that visited Honduras in late August affirms that a military coup is what took place. The report considers the lack of an independent judiciary in Honduras as part of the context in which this occurred and points to powerful economic and political groups opposed to social advances promoted by President Zelaya as the driving force behind the coup.

The report, drafted by members of the American Association of Jurists, the National Lawyers Guild, the International Association of Democratic Lawyers and the International Association Against Torture, further states that the military overthrow was a clear violation of Honduras' 1982 Political Constitution. Among various constitutional articles that the report claims were violated includes Article 102, which states: "No Honduran may be expatriated nor delivered by the authorities to a foreign state."

(SNIP)

The most immediate trigger for the coup was a non-binding, national opinion poll scheduled for June 28. It was decreed by Zelaya under the Citizens' Participation Law, notes the delegation report, and would have taken place the same day as he was ousted. Hondurans would have answered the following question: "Are you in agreement that during the 2009 general elections that a fourth ballot box be installed in which the people will decide whether to strike a Constituent Assembly? Yes/No."

According to the report, the opinion poll was a "determining factor" in the coup. They explain that "powerful economic and political sectors including those who control the Honduran media vehemently opposed the move and recurred to the courts and the legislature to put in motion a very accelerated lawsuit, lacking assurances of due process in order to justify actions without grounds against President Zelaya, who they intended to try." Other reforms Zelaya was enacting which enraged to the business class included the rise in the minimum wage, the exclusion of intermediaries from state fuels purchases and the decision to purchase oil from the cheapest provider - the Venezuelan oil company Petrocaribe.

The speed with which the Supreme Court processed legal measures to block the survey raised suspicions among the delegation. "In contrast to the speed with which they acted against the constitutionally elected President Zelaya, has not made any decisions with regard to any legal process since then - up until this report was drafted - to sanction those responsible for violations of the constitution and legal order ."

Furthermore, one delegation member comments, "the de facto government clearly avoided using its legal power to arrest Zelaya when he tried to re-enter Honduras, compounding the violation of rule of law and furthering the appearance that there is no basis for claims that Zelaya committed crimes justifying his removal from office and claims that he lacks support within Honduras."

Concerns over weaknesses in Honduras' judiciary have been raised before. The Inter American Human Rights Commission has criticized the country for lack of an independent and efficient judiciary, notes another member of the delegation. Furthermore, a report from Freedom House states, "The judicial branch of government in Honduras is subject to intervention and influence by both the elected branches and wealthy private interests." <4> The US State Department profile of Honduras also mentions that "Although the constitution and law provide for an independent judiciary, the judicial system was poorly funded and staffed, inadequately equipped, often ineffective, and subject to patronage, corruption, and political influence." <5>

Also worrisome to the delegation was the contrast found between the ease with which Zelaya's ouster was executed and the delays in addressing civil society requests for habeas corpus and constitutional protection as a result of police and military excesses over the last three months.

http://upsidedownworld.org/main/content/view/2132/1/

[Downwinder]

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