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Legal Basis for Removing Zelaya

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Posted by Aaron Ortiz | Posted in Uncategorized | Posted on 04-07-2009

This brilliant comment was found in the blog Fool’s Mountain:

Article 239 of the Honduran Constitution specifies that Zelaya was no longer President immediately upon proposing a change to the one-term limit, and was further barred from any and all political office for the next ten years.

There are accordingly exactly two possible interpretations as to what happened in Honduras:

  1. Zelaya was no longer in power in Honduras. The military accordingly did not perform a coup, but instead forced a private citizen illegally trespassing in the presidential palace into exile from the country. The correction for this illegal exile is to allow Zelaya to return to Honduras as a private citizen. As a private citizen, he can be fully expected to have to face arrest and criminal charges for, for example, when he led a mob to steal court-impounded materials from a military base. In the meantime, the Presidency devolved constitutionally upon Zelaya’s Constitutionally-designated successor (the president of Congress, the vice-presidency currently being vacant).
  2. Zelaya was still in power in Honduras, but illegally, in violation of the Honduran Constitution’s Article 239. The military then exercised its positive duty under Article 272 of the Honduran Constitution to remove him to allow succession of the Presidency to his Constitutionally-designated successor (the president of Congress, the vice-presidency currently being vacant). If Zelaya returns to Honduras, he can fully expect arrest and criminal charges relating to the period where he unconstitutionally held power.

Whether the military should be punished for its actions is a separate question from the one of who is the legal, Constitutional president. Either way, Zelaya is not the legal President of Honduras, while Roberto Micheletti is. And whether there was a crime committed by the military or not, Zelaya is wanted for legitimate criminal offenses, and so is legitimately subject to arrest.

Zelaya Wants Showdown at the Airport

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Posted by Aaron Ortiz | Posted in Uncategorized | Posted on 04-07-2009

Mel Zelaya is set to return to Honduras tomorrow under the delusion that most of the Honduran people want him back. He is urging all Hondurans to go receive him at Toncontín airport. But he’s asking them not to take any weapons. Wise move.

The violent instigators have so far been those in favor of Zelaya, but he seems not to see this; that seems to be another delusion on his part. Does he really believe the news channels that have been mostly echoing Chavista propaganda?

“We are going to show up at the Honduras International Airport in Tegucigalpa with several presidents and members of international communities, and Sunday we will be in Tegucigalpa,” …

“I ask all farmers, residents, Indians, young people and all workers’ groups, businessmen and friends … to accompany me on my return to Honduras,” … “Do not bring weapons. Practice what I have always preached, which is nonviolence. Let them be the ones who use violence, weapons and repression,”… “I hold the coup plotters responsible for the lives of each and every person.”(WSJ article)

The video above is of Cardinal Oscar Andrés Rodriguez asking Zelaya not to return tomorrow, to avoid bloodshed.

“Amigo José Manuel Zelaya, a return to the country in this moment could unleash a bloodbath. … I know you love life, you respect life,” said the Cardinal, “until today, not a single Honduran has died. Please meditate on this, because later it will be too late.”

I join in with the Cardinal’s plea. Mel Zelaya, please, I beg you, for everyone’s good, even your own, don’t return to Honduras tomorrow, I don’t want to remember the 5th of July, 2009 as the day of the Toncontín Massacre.

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