Ousted Zelaya issues 'ultimatum'

BBC ^ | 7/14/2009 | uncredited

[FreedomPoster]

An excellent legal analysis by a U.S. judge who is an immigrant from Hondouras. He actually read their Constitution! As well as all the relevent current documents available.

Did you?

Honduras’ Non Coup
http://www.freerepublic.com/focus/f-bloggers/2290477/posts

[TigersEye]

This is typical of a third-world constitution.

Your use of "third-world" as a pejorative to describe the Honduran constitution doesn't alter the fact that it is their constitution and thus their rule of law. Without the rule of law nothing matters including Zelaya's "democratic election" to the office of president.

[TigersEye]

Cheech y Chong. ;-)

[Gatún(CraigIsaMangoTreeLawyer)]

Thank you for your very kind comments and words.

Since you are such an understanding person, you will appreciate that I was having a problem with my computer…a glitch if you will.

Thank you again for your concerns. I will always remember that.

[cbkaty]

Black Knight Video

[Girlene]

The solution is simple. Honduras should apologize and make the concession that if Zelaya will return then they will throw him in the slammer like they should have done in the first place. With the busy court schedule, they would get to his case... just a few weeks after the next election :)

From this article, Interim Honduran Leader: Ousted President May Get Amnesty

"Interim Honduran leader Roberto Micheletti says the country's ousted President Manuel Zelaya may get an amnesty if he agrees to face justice at home. Micheletti told the Reuters news agency in an interview Sunday Zelaya would have to appear before Honduran authorities "peacefully" to receive an amnesty. But the interim president again ruled out the possibility of Zelaya regaining his post as he demands."....................

[Citizen Soldier]

LOL! THANK YOU !

[Gatún(CraigIsaMangoTreeLawyer)]

“It would really be outstanding if you could clarify any discrepancies in the Google translation of the Honduran constitution. It is the best any of us have found to date. Only a few Articles are relevant.”

I will. Please give me a few hours. I need to sit down and give it my full attention. I may also need to ask some questions with some other folks and see what they say.

(My intention was/is to read it in Spanish.)

Thank you again. I will certainly share it with you.

[TigersEye]

I really appreciate that. I have been on this story since it broke. Article #239 and #42 are a couple of the most relevant. The Google translation page gives the original Spanish I believe. Here, also, is a link to a pdf version in Spanish if there is any question as to the accuracy of the Google version.

Honduran constitution (pdf)

[Gatún(CraigIsaMangoTreeLawyer)]

“...any “infraction” of the succession rules constitutes treason.”

To repeat myself, they should have shot him.

Thank you for steering me to Article 239.

I see I have my work cutout for me.

[TigersEye]

I see I have my work cutout for me.

Honduras is poor so we will have to pay you in bananas.

Oh, wait,! you're in Panama. Never mind. ;^)

[normanpubbie]

Here is Article 42 (unedited) translated from the original Spanish:

ARTICLE 42.-The citizen's quality gets lost:
1. For giving services in time of war to enemies of Honduras or of his Allied Forces;
2. For giving help against the State of Honduras, to a foreigner or to a foreign government in any diplomatic claim or before an international court;
3. For redeeming in the country, without license of the National Congress, employment of foreign nation, of the military branch or of political character;
4. For limiting the freedom of suffrage, adulterating electoral documents or using fraudulent means to deceive the popular will;
5. For inciting, promoting or supporting the continuismo or the reelection of the President of the Republic; and,
6. For the naturalized Honduran reside, for more than two consecutive years, abroad without authorization previous of the Executive power.

In the cases to which the numerals recount 1) and 2), the declaration of the loss of the citizenship will do the National Congress by means of detailed records that one forms to the effect. For the cases of the numerals 3) and 6), the above mentioned declaration will do the Executive power by means of governmental agreement; and for the cases of the interjections 4) and 5) also for governmental agreement, condemnatory judgment previous dictated by the competent courts.

The online translation is admittedly lousy, but it is clear on paragraph 5, the operative one. To revoke someone's citizenship, there must be governmental agreement and previous condemnatory judgment. When was this done? A member of the Honduras Supreme Court stated a couple of weeks ago that Zelaya was seized pursuant to a sealed arrest warrant. A sealed arrest warrant?

[Gatún(CraigIsaMangoTreeLawyer)]

LOL!!!

[TigersEye]

A member of the Honduras Supreme Court stated a couple of weeks ago that Zelaya was seized pursuant to a sealed arrest warrant. A sealed arrest warrant?

A link to the source of that statement please.

In response to a request from Attorney General Rubi, the Honduran Congress — controlled by Zelaya's own Liberal Party — opened an investigation into the president's mental stability and fitness to govern. Zelaya replied with a two-hour broadcast harangue, in which he claimed: "Congress cannot investigate me, much less remove me or stage a technical coup against me, because I am honest. I'm a free president, and nobody scares me."

On Sunday, just hours before the referendum was to begin, the Honduran army, acting on a warrant issued by the Honduran Supreme Court, arrested Zelaya and sent him, in his pajamas, into exile in Costa Rica. The Honduran Congress affirmed Zelaya's departure and, in accord with the constitution, named Roberto Micheletti, who had been president of the Congress, as interim president of the country.

There is one answer to your question.

[Gatún(CraigIsaMangoTreeLawyer)]

I’m still laughing about paying me in bananas.

It brought some childhood memories back.

I rarely eat bananas. Why? Because I was fed enough bananas when I was a child. (“They are good for you dear.”) And for that reason, I also don’t eat apples…apple sauce, apple pie, apple juice, etc.

But those who like to cook, here is a good banana recipe which goes good for breakfast with scrambled or fired eggs (along with bacon or sausages or both on the side):

Slit the banana in half and then cut them lengthwise in half again. (Your banana is now in 4 parts.)

Sauté them in butter (real butter) at a low heat and sprinkle a little cinnamon (just a tad) on them as you put them to cook.

You will know when they are done just by looking at them. They get soft as they cook.

[TigersEye]

Here is another report that the Honduran congress lawfully removed Zelaya from office after the SC had ruled several of his actions unconstitutional.

The Supreme Court and the attorney general ordered Zelaya’s arrest for disobeying several court orders compelling him to obey the Constitution. He was detained and taken to Costa Rica. Why? Congress needed time to convene and remove him from office. With him inside the country that would have been impossible. This decision was taken by the 123 (of the 128) members of Congress present that day.

[dforest]

Zelaya is not in the position to be issuing ultimatums. He has been ousted.

He defied the Honduran Constitution. That led to the military removing him and Micheletti taking over.

[TigersEye]

That sounds good. Bananas Foster was one of my Dad's favorite desserts.

Bananas Foster

• * ¼ cup (½ stick) butter
• * 1 cup brown sugar
• * ½ teaspoon cinnamon
• * ¼ cup banana liqueur
• * 4 bananas, cut in half lengthwise, then halved * ¼ cup dark rum
• * 4 scoops vanilla ice cream

(preparation instructions at link)

I'm not a big banana eater either but both of those recipes sound good right about now. Made with Honduran bananas of course.

[Centurion2000]

I think the Honduran Supreme Court needs to issue an arrest warrant with a 1 million dollar dead or alive poster of him.

[Cboldt]

June 28

Legislative Decree

WHEREAS: The conduct of the president has led the Honduran people in a climate of confrontation, division and fear, to the extent of putting in imminent danger of breaking the rule of law and governance.

WHEREAS in accordance with Articles 245 paragraph 1), 321 and 322 of the Constitution, it is the duty of the citizen president be faithful to the Republic, execute and enforce the Constitution and laws, treaties and conventions and other laws.

WHEREAS: It is the power of Congress to ensure, to approve or reject the conduct of the constituted authorities and other institutions.

WHEREAS: State servers have no powers other than those expressly conferred by law, to perform any act outside the law is null and implies responsibility, that trustees are officers of the authority responsible for their official conduct, subject to the law and never above it.

WHEREAS: It is the apparent misconduct of President José Manuel Zelaya Rosales citizen to repeatedly violate the faithfulness to the Republic and the legal administration of our country, putting at risk the imminent rule of law and democratic system of government that the sovereign will of the Honduran people have chosen and thus the Congress is called to observe and enforce.

- 2 -

WHEREAS the activities of Mr. José Manuel Zelaya Rosales is sufficient reason for this Congress to appropriate blame his behavior, regardless of the surrender brought the office to which he was elected.

WHEREAS pursuant to Article 242 of the Constitution of the Republic, in absence of the President and Vice President, the Executive shall be exercised by the President of Congress.

Therefore.
DECREES.

Article 1. Congress pursuant to Articles 1, 2, 3, 4, 5, 40 paragraph 4), 205 para 20) and 218 paragraph 3), 242, 321, 322 and 323 of the Constitution of the Republic agrees:

A. Reject the conduct of President José Manuel Zelaya Rosales citizen at the repeated violations of the Constitution and laws and lack of orders and judgments of the courts.

B. Separate citizen José Manuel Zelaya Rosales of the office of President of the Republic of Honduras.

- 3 -

Article 2. Constitutional name Citizens ROBERTO MICHELETI BAIN current president of the National Congress, served as President of the Republic for the remainder to complete the constitutional period and ends on January 27 2010.

Article 3. This decree shall enter into force after its approval by two thirds vote of the members that make up the National Congress and it is immediately enforceable. Done in the city of Tegucigalpa, Central District Municipality, the Chamber of Congress for twenty-eight days of June, two thousand nine.

JUAN RAMON
VELASQUEZ NAZARE
PRESIDENT
JOSE ALFREDO SAAVEDRA PAZ SECRETARY
GUZMAN WELCOMES MARY F.
SECRETARIAT

---

Separately, I found this article informative: Top Honduran military lawyer: We broke the law (Miami Herald)