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UNCLAS SECTION 01 OF 02 TEGUCIGALPA 000989 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM ASEC HO
SUBJECT: TFH01: DECREE LIMITING CIVIL LIBERTIES 
 
¶1. (U) Summary.  The de facto regime issued an executive 
decree on September 26 limiting for a period of 45 days the 
freedoms of speech, association, movement, and due process. 
The National Telecommunications Commission executed the 
decree by suspending the operating licenses of a pro-Zelaya 
television and radio station, and seizing both stations 
communications equipment.  The regime President of Congress, 
accompanied by a delegation of legislators, called on de 
facto regime head Roberto Micheletti on September 28 and 
requested annulment of the decree.  Micheletti stated 
publicly last night that the decree was enacted because 
President Jose Manuel "Mel" Zelaya had called for 
insurrection and violence.  The embassy lobbied hard against 
the decree.  Fortunately, strong opposition in the media, in 
the National Congress and other sectors prompted Micheletti 
to reconsider and move to annul or modify the decree.  The 
regime's initial decision to adopt the decree confirms the 
weak democratic credentials of Micheletti and his closest 
advisors.  Fortunately, many Hondurans, even in the 
anti-Zelaya camp, understand that this decision represents a 
clear attack against basic constitutional freedoms.   End 
Summary. 
 
Decree Provisions 
----------------- 
 
¶2. (U) The de facto regime published an executive decree in 
the September 26 National Register ("Gaceta") restricting for 
45 days the rights set forth in Articles 69 (personal 
liberty), 72 (freedom of speech), 78 (freedom of 
association), 81 (freedom of movement), and 84 (no arrest 
without warrant) of the Constitution.  The decree states that 
the Armed Forces will support, jointly or separately as 
required, the National Police in order to maintain public 
order and security.  The decree prohibits freedom of movement 
during curfew hours except for cargo transport, ambulances, 
and medical personnel.  The decree prohibits public 
gatherings not authorized by the police or military.  It also 
prohibits publication of oral, written, or televised news 
which offends human dignity or public officials, violates the 
law or government resolutions, or violates peace and public 
order.  The decree gives the National Telecommunications 
Commission, CONATEL, the power to use the National Police and 
Armed Forces to shut down any radio broadcaster, television 
channel, or cable network that does not comply with this 
provision. 
 
¶3. (U) The decree orders the detention of persons who violate 
curfews or who are suspected by the police and military of 
having caused damage to persons or property or who join 
together to plan unlawful activities or whose life is found 
to be in danger.  The decree states that every detained 
person will be read his rights and each police post or 
precinct shall maintain a log with information regarding the 
identity of all persons detained as well as the reason for 
the detention, the time of entry to and exit from the police 
post, and the detainee's physical state.  The decree further 
provides that all detained persons must be held in legally 
established detention centers. 
 
¶4. (U) The decree orders the dislodging of all public 
installations occupied by demonstrators or occupied by 
persons carrying out activities prohibited by law. 
 
Justification for the Decree 
----------------------------- 
 
¶5. (U) The decree states that Article 62 of the Honduran 
Constitution provides that individual rights are 
circumscribed by the rights of others in the interest of the 
well-being of all.  It notes that Article 187 of the 
Constitution permits the President, with the agreement of the 
Cabinet, to suspend the rights provided in Articles 69 
(personal liberty), 71 (detention for more than 24 hours 
without being brought before judiciary), 72 (freedom of 
speech), 78 (freedom of association), 81 (freedom of 
movement), 84 (no arrest without warrant), 93 (no one can be 
held in jail if bail paid), 99 (no entry into home without 
warrant), and 103 (respect for private property) of the 
Constitution in the case of invasion of the national 
 
TEGUCIGALP 00000989  002 OF 002 
 
 
territory, serious disturbance of the peace, or epidemic or 
another general calamity. 
 
¶6. (U) The decree says that dissident groups ideologically 
aligned with and encouraged by governments that do not 
support democracy are fostering insurrection and endangering 
life, property, social tranquility, and the Constitution. 
The decree further states that the magnitude of acts of 
vandalism and illegal demonstrators could impede the ability 
of the National Police to ensure public order if not 
supported by the state's other security forces. 
 
Execution 
--------- 
 
¶7. (U) The National Telecommunications Commission, CONATEL, 
supported by the National Police and military, entered the 
headquarters of Channel 36 and radio station Radio Globo on 
September 28 to carry out a CONATEL order suspending their 
licenses.  The security forces seized and removed their 
communications equipment and computers.  The removal of the 
communications equipment goes beyond the CONATEL resolution, 
which merely authorized the shutting down of the two 
stations' transmission.  There was no judicial order 
permitting the police and military to enter the premises of 
Radio Globo and Channel 36. 
 
¶8. (U) The decree stated that it would be transmitted to the 
Secretary of the National Congress.  Jose Alfredo Saavedra, 
who replaced de facto regime head Roberto Micheletti as 
President of the Congress after the coup d'etat, joined by 
congressional party whips, met with Micheletti and requested 
the suspension of the decree.  According to the press, 
Saavedra said this action was taken to deliver the message to 
the Honduran people and the international community that the 
Congress seeks to promote dialogue rather than confrontation. 
 The press reported that Micheletti responded that he 
supports seeking dialogue and peace and will consult with the 
Supreme Court, the Supreme Electoral Tribunal, and the 
presidential candidates to this end.  According to the press, 
Micheletti said the decree will be annulled, but did not say 
when.  He reportedly stated that the decree was enacted 
because President Zelaya had called for insurrection and 
violence.  According to the press, the Commission for Human 
Rights (CODEH) has announced that it will submit to the 
judiciary a request for stay of execution of the decree. 
 
¶9. (U) The Embassy lobbied hard against the decree beginning 
Sunday afternoon.  In meetings held at the Residence the 
Ambassador pressed the candidates and former President Carlos 
Flores to oppose the action by the regime to restrict civil 
liberties.  The Ambassador also discussed the regime's 
actions with Chief of Defense General Vasquez and with other 
political leaders, including former President Ricardo Maduro. 
 Flores' La Tribuna newspaper came out strongly against the 
regime's measures in their editorial page the following day 
describing it as the kind of measure Hugo Chavez would take. 
National Party candidate Pepe Lobo was also harshly critical 
and ordered his National Party congressional delegation to 
reject the decree.  Embassy officers also raised the issue 
with numerous contacts on both sides of the political divide. 
 
 
¶10. (SBU) Comment: The Micheletti regime's decision to enact 
this decree was done with little or no consultation and 
reflects the isolated position of Micheletti and his inner 
circle.  Fortunately, the significant opposition to the 
decree suggests that many, even in the anti-Zelaya, reject 
any effort to restrict fundamental freedoms.  Indeed, many in 
Congress who support the de facto regime, but who are not 
members of it, realized that this draconian decree went 
beyond acceptable limits for a regime that claims that the 
events of June 28 were carried out in order to protect and 
preserve Honduran democracy.  The decree itself is 
authoritarian and not by any means justified by the current 
security situation. 
LLORENS