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:
- 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).
- 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.






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