ERRORS ON THE REPORT TO U.S. CONGRESS:
“Honduras: Constitutional Law Issues”
By José María Rodríguez González
U.S. Foreign Policy International Analyst
September 2009
Honduras: Constitutional Law Issues Errors on Report LL File No. 2009-002965 Page 2 of 10
September 2009
SERIOUS ERRORS ON:
REPORT FOR CONGRESS
August 2009
(The Law library of Congress
Directorate of Legal Research for
Foreign, Comparative,
and International Law
LL File No. 2009-002965)
Honduras:
Constitutional Law Issues
Events
The National Congress, directed by Mr. Roberto Micheletti Bain, elected the 15 members
of the current Supreme Court in January of this year, 2009, from a list of attorneys
presented by Mr. Micheletti to the Congress.
On June 29th, 2009, the National Congress of Honduras interpreted president Zelaya’s
disapproval, as removal of president Zelaya. The Congress then elected Mr. Micheletti,
its president, as the president of Honduras based on a subjective absolute absence of
President Zelaya, while President Zelaya’s absence was not absolute. It was, instead,
forced and temporary, as he was violently taken out of his office and expatriated by the
Army, a day before.
The National Congress also had a letter of resignation by President Zelaya under
consideration. The letter was signed three days before the coup. This resignation
consequently would drop charges and close President Zelaya’s case.
These National Congress actions were taken after a Congressional Decree dated Monday
29, 2009, at 12:45 AM - a day after President Zelaya was removed violently from his
office and expatriated by the Army on Sunday June 28th at 5:30 AM.
The Supreme Court failed to address the original Executive Orders of President José
Manuel Zelaya Rosales and allowed the Honduran lower Court of Letters and the
Contentious Administrative to deal with the constitutional matter beyond the competence
of this Court. The Supreme Court of Honduras played a passive and f