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Viewing cable 09TEGUCIGALPA527, Honduran Coup Timeline

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Reference ID Created Released Classification Origin
09TEGUCIGALPA527 2009-07-02 20:12 2011-06-01 02:30 UNCLASSIFIED Embassy Tegucigalpa
Appears in these articles:
http://www.wikileaks.elfaro.net/es/201105/notas/4254/
VZCZCXRO2771
PP RUEHAO RUEHCD RUEHGA RUEHGD RUEHGR RUEHHA RUEHHO RUEHMC RUEHMT
RUEHNG RUEHNL RUEHQU RUEHRD RUEHRG RUEHRS RUEHTM RUEHVC
DE RUEHTG #0527/01 1832012
ZNR UUUUU ZZH
P 022012Z JUL 09
FM AMEMBASSY TEGUCIGALPA
TO RUEHC/SECSTATE WASHDC PRIORITY 0006
INFO RUEHWH/WESTERN HEMISPHERIC AFFAIRS DIPL POSTS
RUEHUB/USINT HAVANA 0191
RHEHNSC/NSC WASHDC
RUMIAAA/CDR USSOUTHCOM MIAMI FL//CINC/POLAD//
RUEAHND/CDRJTFB SOTO CANO HO
RUMIAAA/HQ USSOUTHCOM J5 MIAMI FL
RUMIAAA/USSOUTHCOM MIAMI FL
RHMFIUU/DIRJIATF SOUTH
RUEKJCS/JOINT STAFF WASHDC
RHEFDIA/DIA WASHINGTON DC
RUEIDN/DNI WASHINGTON DC
RUEAIIA/CIA WASHDC
RUEHLMC/MILLENNIUM CHALLENGE CORP
RUEKJCS/SECDEF WASHDC
UNCLAS SECTION 01 OF 04 TEGUCIGALPA 000527 
 
 
SIPDIS 
 
STATE FOR WHA/CEN 
 
E.O. 12958: N/A 
TAGS: PGOV PINR KJUS EAID PHUM MARR HO
SUBJECT: Honduran Coup Timeline 
 
REF: Tegucigalpa 523 and others 
 
TEGUCIGALP 00000527  001.3 OF 004 
 
 
1. Summary: The following is the Embassy's timeline of political and 
legal events leading up to the June 28, 2009 coup.  We believe that 
the military and the Congress conspired in the coup.  There were 
also decisions that impacted on Zelaya's legal situation. 
Nevertheless, while there is evidence of many improprieties and 
illegalities committed by the Zelaya Administration, the actions 
taken to remove the President were patently illegal.  The proper 
procedure to remove a sitting President would have required a trial 
in the court system.  End summary. 
 
Timeline 
-------- 
 
2005: 
 
-- Congress repeals the impeachment law.  While the Congress has the 
right to summon the President and to investigate his/her actions, 
there is no clear procedure on what action it can take after such an 
investigation.  The only remaining legal means to remove a sitting 
President is for the Public Ministry to file a criminal case with 
the Honduran Supreme Court.  The Supreme Court appoints a Magistrate 
to hear the case.  If the Magistrate must determine that the case is 
valid, after which the case will be moved to trial.  During this 
process, the President will have full due legal process and is given 
the right to legal representation.  A ruling by the Supreme Court 
against the President is the only way to legally separate him/her 
from the office. 
 
23 March 2009: 
 
-- Honduran President Jose Manuel Zelaya Rosales announces a 
plebiscite to be held on 28 June 2009 to measure popular support for 
the Fourth Urn.  There will be three urns on election day November 
29, 2009, one for the President, one for Congress and one for 
mayoral candidates.  The fourth urn would be for votes on whether or 
not the electorate wants to convoke a constituent assembly for the 
purpose of reforming the Honduran Constitution. 
 
1 May 2009: 
 
-- Zelaya officially launches the Fourth Urn campaign.  Zelaya and 
his allies argue for reform of the constitution via a constituent 
assembly.  The Fourth Urn campaign was officially launched in a May 
Day rally consisting of 5,000 - 10,000 supporters.  The primary 
participants were representatives of labor unions, farmers' 
organizations and government workers who support Zelaya.  Polling at 
this time suggested the Fourth Urn had between 55 percent and 75 
percent popular support.  Most of those polled at the time did not 
understand the purpose of the plebiscite and approximately 90 
percent did not support the idea of Zelaya staying in power beyond 
his mandate. 
 
May 2009: 
 
-- The Attorney General's office files a case in a Federal 
Administrative court challenging the legality of the 28 June 
plebiscite.  The case is to determine whether the plebiscite is 
legal because the entity tasked with conducting the plebiscite, the 
National Statistics Institute (INE), cannot be involved in 
activities that are political in nature.  The proposal to hold a 
constituent assembly is also considered unconstitutional. 
 
28 May 2009: 
 
-- The Administrative Court judge rules in favor of the Attorney 
General and abrogates the President's decree authorizing the 
plebiscite.  The judge instructs all government agencies to suspend 
all publicity and logistical activities related to the plebiscite. 
 
 
-- Zelaya convenes a press conference, along with the Minister of 
Defense Edmundo ((Orellana)) and Armed Forces Chief General Romeo 
Vasquez Velasquez, to say that he will continue with the plebiscite 
 
TEGUCIGALP 00000527  002.3 OF 004 
 
 
despite the court order.  Zelaya orders the Armed Forces to provide 
the logistics to carry out the plebiscite. 
 
-- In response to the ruling, Zelaya reformulates the decree, 
referring to the plebiscite as a "poll" in an effort to get around 
the court's ruling.  The case returned to the court and the judge 
ruled that the decision was a broad one, covering any activity 
calling for a constituent assembly. 
 
16 June 2009: 
 
-- An appellate court rules in favor of the lower court's judgment. 
Zelaya ignores the ruling and continues preparing and promoting the 
28 June poll.  Following the ruling, the judge ordered the Attorney 
General to notify the President and the Armed Forces that, should 
they continue support for the poll, they would be in violation of 
the ruling and would be subject to criminal penalties and fines. 
 
24 June 2009: 
 
-- Zelaya fires General Vasquez after Vasquez refuses to carry out 
Zelaya's order to provide logistical support for the 28 June poll. 
Vasquez refuses to carry out the order because he deems it illegal 
based on the courts' rulings. 
 
-- The chiefs of the Army, Navy and Air Force along with Minister of 
Defense Orellana resign in solidarity with General Vasquez.  All 
military leaders remain in their posts despite the President's 
firing of Vasquez and their resignations.  Zelaya does not name any 
successors. 
 
25 June 2009: 
 
-- The Supreme Court and the National Congress are called into 
session after Honduran political leaders are unable to reach an 
agreement on the wording for the 28 June poll.  Zelaya wants the 
poll to refer to a constituent assembly; the opposition wants the 
poll to only ask about constitutional reform and allow the National 
Congress to determine how to reform the constitution. 
 
-- The Supreme Electoral Tribunal (TSE), the entity responsible for 
running all official Honduran elections, rules the poll illegal. 
 
-- Attorney General Luis Alberto Rubi issues a statement calling 
Vasquez's firing illegal and promises to seek a court order to 
reinstate Vasquez.  The Attorney General announces that his office 
will go to Air Force Headquarters to take control of poll materials, 
which had been flown in, by request of the TSE. 
 
-- Zelaya calls upon a group of approximately 2,000 social activists 
to go with him to Air Force headquarters to collect the materials 
before the Attorney General can do so.  Air Force Chief General 
Javier Prince turns the materials over to Zelaya. 
 
-- The "Constitutional Hall," a five-magistrate panel of the Supreme 
Court, rules unanimously that Zelaya's firing of General Vasquez was 
illegal and reinstates Vasquez.  The court requests that the case 
regarding Zelaya's poll be brought before them. 
 
-- Zelaya announces that logistical support for the poll will be 
provided by volunteers rather than government officials. 
 
-- Congressional leadership had prepared legislation to support the 
court findings of the poll's illegality, but to permit the military 
to provide logistical support without sanctions.  The Congress 
refuses to support the bill. 
 
-- Congress nearly brings a vote to the floor to remove Zelaya from 
office.  Congressional leaders ultimately decide not to vote to 
remove Zelaya.  Congress launches an inquiry and creates a 
commission to look into legal violations allegedly committed by 
Zelaya and his Administration.  Between 25 June and 27 June, 
Congress established 18 alleged legal violations by Zelaya, but did 
not establish proofs to support the allegations. 
 
 
TEGUCIGALP 00000527  003.3 OF 004 
 
 
26 June 2009: 
 
-- The Tegucigalpa Chamber of Commerce organizes an anti-Zelaya 
demonstration in Tegucigalpa Central Park.  Several thousand 
supporters show up. 
 
-- Several thousand people gather outside the headquarters of the 
Honduran Military Joint Chiefs in support of the military's actions. 
 
 
27 June 2009: 
 
-- Online newspaper Proceso Digital prints an article alleging 
Zelaya's decree, published in the 25 June issue of the official 
paper La Gaceta, states that the 28 June poll will immediately 
convoke a constituent assembly.  The newspaper reports that Zelaya 
has changed the rules at the last minute, and the poll will have 
consequences not previously reported. 
 
-- Zelaya holds a press conference and invites foreign diplomats to 
attend under pretext of discussing the political crisis.  He 
announces that he will follow through with the 28 June poll in the 
presence of the "international observers" present at the press 
conference. 
 
-- A small group of Congressional leaders including President of the 
National Congress Roberto Micheletti Bain decide that Zelaya must be 
removed from the Presidency based on their belief that he will 
convoke the Constituent Assembly following the 28 June poll and that 
the Constituent Assembly will dissolve Congress and the Supreme 
Court.  Their concern is based on the 25 June publishing of the 
decree in La Gaceta (copy attached), which they interpret to say 
that the poll legally authorizes the convoking of a constituent 
assembly. 
 
-- Micheletti obtains General Vasquez's approval for Zelaya's 
removal allegedly with a Supreme Court order authorizing the Armed 
Forces to arrest Zelaya. 
 
28 June 2009: 
 
-- 0525 hrs:  Zelaya is captured at his home by Honduran Military 
Forces.  He is transported to the Air Force Base and is taken to San 
Jose, Costa Rica.  Zelaya arrives in Costa Rica at 0725 hrs.  The 
Congress announces it will initiate an emergency session. 
 
-- 0800 hrs:  A small number of protesters begin to gather in front 
of the Presidential Palace. 
 
-- 0830 hrs:  First reports emerge that former Honduran Foreign 
Minister Patricia Rodas Baca has been captured and removed from 
Honduras. 
 
-- 1100 hrs:  The Supreme Court announces that Zelaya's poll was 
illegal and should not have been carried out. 
 
-- 1233 hrs:  The Secretary of the Congress, Jose Alfredo Saavedra, 
reads an alleged resignation letter from Zelaya.  The letter is 
dated 25 June.  The Congress votes to accept the resignation. 
 
-- 1345 hrs:  The President of the National Congress, Roberto 
Micheletti Bain, is named the constitutional President of Honduras. 
He promises elections will be held as scheduled on 29 November.  The 
naming of Micheletti as President is ratified at 1530 hrs.  Saavedra 
is named President of the National Congress.  Enrique Ortez 
Colindres is named Foreign Minister. 
 
-- 1945 hrs:  Zelaya leaves Costa Rica to travel to Nicaragua for 
the SICA conference. 
 
29 June 2009: 
 
-- Political leaders argue they removed Zelaya because of the decree 
published in the Gazette convoking the Constituent Assembly, 
something that can only be done by the Congress.  The Congress was 
 
TEGUCIGALP 00000527  004.3 OF 004 
 
 
concerned that Zelaya would suspend the congress and the courts. 
Political leaders argue that Micheletti was named President because 
Vice President Aristides Mejia was never sworn into office. 
 
-- The area remains relatively calm with isolated incidents of 
violence in front of the Presidential Palace by pro-Zelaya 
protesters. 
 
-- Gabriela Nunez is named Finance Minister.  Adolfo Leonel Sevilla 
is named Defense Minister.  Jorge Aguilar is named Director of the 
state telecom company HONDUTEL. 
 
-- Zelaya promises to return to Honduras on Thursday, 2 July. 
 
30 June 2009: 
 
-- Zelaya speaks at the United Nations.  Approximately 10,000 people 
participate in an anti-Zelaya protest in the Central Park. 
Approximately 2,000 protest in favor of Zelaya in front of the 
Presidential Palace.  There are other isolated, scattered protests 
around the country in favor of Zelaya. 
 
-- The Public Ministry files charges on 18 counts against Zelaya and 
promises to arrest him if he returns to Honduras. 
 
-- Jorge Rodas Gamero remains as Security Minister; Sandra Midence 
heads the Central Bank. 
 
Comment 
------- 
 
2. While there have been claims that the Supreme Court issued a 
warrant for Zelaya's arrest, the president of the Supreme Court has 
told us that this is not true.  The only warrant we are aware of is 
one issued either late on June 25 or early on June 26 by a lower 
court ordering the seizure of polling material.  It appears that the 
Attorney General, the military conspired with Micheletti and other 
leaders of Congress to remove Zelaya based on their fear that he 
planned to convene a Constituent Assembly immediately after the June 
28 poll.  They base their claim that he would have done so on the 
publication in the legal gazette on June 25 of the decree calling 
for the poll.  Micheletti's supporters say that publication calls 
for the convening of the Constituent Assembly.  However, this is 
patently false, the publication simply states: "Are you in agreement 
that in the general elections of 2009, there be a fourth urn in 
which the people decide the convocation of a National Constituent 
Assembly." 
 
3. While the Military and Congress appear to have been behind the 
coup, they actually have no legal power to remove a president.  This 
sole power lies with the courts, and would have to be based on a 
criminal case filed by the Public Ministry (prosecutors).  We have 
seen a resignation letter dated June 25 signed by Zelaya.  He denies 
having signed it.  However, even if he had, it would have been done 
at gun point in the early morning hours of June 28.  Honduran law 
negates any action taken while under duress. 
 
Llorens