Responses to the Coup d'etat in Honduras on Sunday June 28, with special emphasis on producing English-language versions of commentaries by Honduran scholars and editorial writers and addressing the confusion encouraged by lack of basic knowledge about Honduras.

Friday, October 16, 2009

Failure and A Public Proposal

( all times Tegucigalpa local time)
The talks broke down today without a resolution. El Tiempo reports that both negotiating teams left the hotel shortly after 4 pm Tegucigalpa time without talking to the gathered reporters, for consultations with Zelaya and Micheletti. There is no indication when, or if, talks will resume at this time, although both sides in their last public comments, indicated that talks would continue.

At about 5:30 pm, Victor Meza, on Radio Globo, called the proposal of Micheletti "absurd".Micheletti has proposed that the Supreme Court decide the issue of resititution. Zelaya decided to go public with his own suggested solution so that there is no confusion. He has suggested that Congress, not the Supreme Court, validate the agreement, including Zelaya's restitution. Everything should go back to the way it was before June 28. "Congress in the place to resolve political issues, not the courts," said Meza. "Once signed, the San Jose accord enters into effect immediately," Meza continued. Meza added that they expected the Micheletti delegation to reply today.

At 6 pm. Rafael Pineda Ponce, with Myrna Castro replied for the Micheletti delegation that the Executive could not reply for the Legal, and called for more dialogue. He maintained that the Supreme Court had jusidiction of this issue (restitution). The Supreme Court might pardon Zelaya, it might condem him. Pineda Ponce argued that the Supreme Court needed to complete the process it started hearing the case against Zelaya, and rule. Pineda Ponce refused to answer the question as to why Zelaya was exiled on June 28 if they wanted him to be tried.

6:42 pm: Vilma Morales: "more talk, not deadlines." Corales: "We need to talk into the weekend." Oh, and the Zelaya commission has until Monday to accept the Micheletti proposal because the Micheletti commission is going home for the weekend.

9 comments:

Doug said...

Rns -
Is Micheletti that afraid of a vote? He had a good 80-90% back on June 29..

rns said...

It would be pure speculation on my part what is going on in the mind of Roberto Micheletti.

However, I'm not sure who would win a vote in Congress. Micheletti has never been politically popular in the country, and his "popularity" in Congress has primarily been a result of his wielding power. That said, Zelaya is generally popular, as the COIMER opinion survey showed, but does that public popularity translate into popularity in Congress?

I don't think anyone knows the outcome of such a vote at this time.

Doug said...

Rns -

At least there would be a record of votes. In the SC, I would doubt it, and it wouldn't seem to matter that much anyway.

RAJ said...

My two cents, having read the two proposals just off a plane: Micheletti isn't afraid of Congress voting wrong; the only way to restore Zelaya is for Congress to rescind that part of its June 28 Decreto. So the vote wouldn't be for or against him (or for or against Zelaya).

The Supreme Court has no authority to restore a president but could rule that Congress acted unconstitutionally, in whole or part, on June 28. That would vacate the substitution without Congress needing to admit its error.

But Micheletti may be hoping for more: the Supreme Court to conclude considering the case it started to hear June 26. That case could gave resulted legally in removal from office. Micheletti's crowd said some time ago that a trial need not take long (these are the guys who claimed to do an exhaustive review of the issues in a few hours).

If we forget or ignore Zelaya's due process rights, and ignore the presumption of innocence-- remember that is all recent and new in Honduran law-- Micheletti might think the Court would issue a ruling finding Zelaya guilty and legitimating his removal from office.

Either way, I doubt he us worried about Congress voting against him. It is just that Congress would have to admit an error and that would reflect in its then-head, Roberto Mcheletti.

Doug said...

Question-

Does anybody know what kind if vote count would be needed? 2/3 to rescind/overturn? 51% or would they need the 2/3, as before, to keep 'vigente'?

RAJ said...

On the kind of vote needed: 2/3 is needed to amend the constitution. But other decretos only need a majority.

Doug said...

I ran across this quote from early July from Rosalinda Cruz, one the current SC judges regarding Zelaya's removal:

"As a sovereign and independent nation, we have the right to freely decide to remove a president who was violating our laws.”

I find it interesting that she has, without the hassle of an actual trial, somehow already decided on Zelaya's guilt here, ie "was violating our laws". tough for a man to get a fair trial there..

Source:

http://www.bloomberg.com/apps/news?pid=20601086&sid=axGENUiy9yKs

rns said...

Yes, she gave a series of public interviews in early July in which she pronounced on things that might come before the court, things that a proper justice would not do. Professionalism is a problem here.

Doug said...

Rns-

Kenny Castillo has a great analysis on the question a possible vote Count:


http://kennycastillo.blogspot.com/2009/10/el-congreso-o-la-corte-el-gran-dilema.html

Basically, the point is that that most Nationalists will go along with approval in order to make the likely victory of Lobo as valid as possible. And even the Santos' Liberals would follow along under the same logic. Then add in the 20 some committed Zeyalistas and there should be a rather easy majority.