tag:blogger.com,1999:blog-2341954168256070610.post7991727741719363090..comments2023-09-12T01:15:08.356-07:00Comments on Honduras Coup 2009: August is Honduran Constitutional Law Month!RAJhttp://www.blogger.com/profile/00097415587406899236noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2341954168256070610.post-10458247819437338372009-08-02T17:45:56.657-07:002009-08-02T17:45:56.657-07:00I have commented on the Supreme Court communique, ...I have <a href="http://hondurascoup2009.blogspot.com/2009/07/what-honduran-supreme-court-authorized.html" rel="nofollow">commented</a> on the Supreme Court communique, which is what is posted at the URL you provide here. You can download either the short (6 page) summary by the court of its rationale, or the longer (86 page) version, which adds to the communique an additional 80 pages of documents. <br /><br />I have read all of this documentation, and published the <a href="http://hondurascoup2009.blogspot.com/2009/07/honduran-supreme-court-in-its-own-words.html" rel="nofollow">first</a> of a series of posts dealing with it. That first one dealt with what the Supreme Court actually ordered.<br /><br />The next post deals with what the Prosecutor claimed were the crimes committed by President Zelaya, and again, is based on the document you reference. <br /><br />What I have found we need to do is start breaking down these long documents that have been posted into their pieces. What the Supreme Court posted is not the complete story; and it is actually multiple stories. When we separate out the Supreme Court piece we see that it was following the Penal Process Code that I discuss here, and that process <b>was at the beginning</b>, the phase where evidence would be gathered. No hearings of any kind in which the accused would have been able to defend himself had yet taken place. No judgment had been reached on the claims of treason that the Prosecutor offered without any actual supporting evidence, or the matters of administrative action which are what the Prosecutor was able to substantiate, which are far less serious under Honduran law.<br /><br />It may take all month to get through these points, including understanding the legal processes, but that is my plan.<br /><br />It is important, though, to reiterate two points: regardless of any crimes President Zelaya might or might not have committed, the actions of the Armed Forces and Congress on June 28 were illegitimate. President Zelaya remains the legal president of the country. <br /><br />And while there may have been a technical legal case to be brought for his resisting the orders of a lower court (the Court of Contentious Administrative Law), that would only be because the Congress rushed into effect rules implementing existing law designed to make the June 28 poll illegal, long after it had been planned. Such a move seems marginal in terms of legality; it is obviously pure politics.RAJhttps://www.blogger.com/profile/00097415587406899236noreply@blogger.comtag:blogger.com,1999:blog-2341954168256070610.post-40784327466197081392009-08-02T16:59:46.024-07:002009-08-02T16:59:46.024-07:00Thanks for you analysis.
You ask to take into con...Thanks for you analysis.<br /><br />You ask to take into consideration if the acts for which Zelaya is accused of really deserve a going through the impeachment procedure.<br /><br />Have you read the judicial file (64 pages) against Zelaya? (http://www.poderjudicial.gob.hn/general/noticias/Comunicado_Especial.htm)<br /><br />I believe you can help us see the contradictions in the process the golpistas took!!!TITOhttps://www.blogger.com/profile/13986510928517428309noreply@blogger.comtag:blogger.com,1999:blog-2341954168256070610.post-85232225383413587892009-08-01T07:45:59.655-07:002009-08-01T07:45:59.655-07:00Without your willingness to put the time in to exa...Without your willingness to put the time in to examine and lay out so clearly the facts of the law and constitution, with which few Hondurans and virtually no North Americans could seriously claim to be familiar, my head would long since have exploded. Thank you so much.<br /><br />There will be constitutional reform in the not-too-distant future, and your efforts will have laid the groundwork for much more effective English-speaking solidarity when that process is allowed to move forward.Nellhttps://www.blogger.com/profile/01969732734453586544noreply@blogger.com