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==Constitutional assembly plans== ==Constitutional assembly plans==
Zelaya's leftward drift during his presidency (which included raising the minimum wage by 60%) culminated in a plan to hold a Constitutional Assembly to write a new constitution. A publicity document produced for the ] that outlined the goals of a constitutional convention was inserted in an Armed Forces timeline document.<ref>{{cite web|url=http://www.ffaah.mil.hn/Noticias/2009/juli/nota11.pdf |title=Cronologia de los eventos |publisher=Fuerzas Armadas de Honduras |date=2009-07-18 |accessdate=2009-07-28 |page=154}}</ref> Some of the topics of a constitutional convention include social control;{{Clarify|date=October 2009}} the establishment of a recall mechanism for politicians; actual freedom of the press through equitable access; economic liberty with social responsibility; authentic political liberty resulting in a representative democracy where poiticians are responsible to their electorate instead of their party; more consultation of the populace; and other suggested topics. Notably absent in the flyer was any mention of extending the term of the president. Zelaya was quoted by popular media outlets as saying "he only one who can't be re-elected is the President, but re-election is a topic of the next National Constitutional Assembly".<ref>{{cite news|url= http://www.elheraldo.hn/Ediciones/2009/06/25/Noticias/Presidente-sigue-obstinado-en-encuesta | publisher=ElHeraldo.hn|title=''Presidente sigue obstinado en encuesta'' (President remains obstinate on poll)|date=24 June 2009|accessdate=14 October 2009}}</ref>{{Verify credibility|date=October 2009}} For minorities like the 400,000 ethnic Garifunas it held the promise of winning long-sought rights, such as proportional representation and legal title to communal and ancestral land.<ref>{}{{cite news|url= http://www.miamiherald.com/honduras/story/1151878.html | publisher=]|title=Amid crisis, minorities find a voice|date=22 July 2009|accessdate=06 October 2009}}</ref> Zelaya's leftward drift during his presidency (which included raising the minimum wage by 60%) culminated in a plan to hold a Constitutional Assembly to write a new constitution. A publicity document produced for the ] that outlined the goals of a constitutional convention was inserted in an Armed Forces timeline document.<ref>{{cite web|url=http://www.ffaah.mil.hn/Noticias/2009/juli/nota11.pdf |title=Cronologia de los eventos |publisher=Fuerzas Armadas de Honduras |date=2009-07-18 |accessdate=2009-07-28 |page=154}}</ref> Some of the topics of a constitutional convention include social control;{{Clarify|date=October 2009}} the establishment of a recall mechanism for politicians; actual freedom of the press through equitable access; economic liberty with social responsibility; authentic political liberty resulting in a representative democracy where poiticians are responsible to their electorate instead of their party; more consultation of the populace; and other suggested topics. Notably absent in the flyer was any mention of extending the term of the president. Zelaya was quoted by popular media outlets as saying "he only one who can't be re-elected is the President, but re-election is a topic of the next National Constitutional Assembly".<ref>{{cite news|url= http://www.elheraldo.hn/Ediciones/2009/06/25/Noticias/Presidente-sigue-obstinado-en-encuesta | publisher=ElHeraldo.hn|title=''Presidente sigue obstinado en encuesta'' (President remains obstinate on poll)|date=24 June 2009|accessdate=14 October 2009}}</ref><ref>{{cite news|url= http://www.laprensahn.com/vivir/index.php/Ediciones/2009/06/26/Noticias/Investigan-actos-del-presidente-Zelaya | publisher=LaPrensa.hn|title=''Investigan actos del presidente Zelaya'' (President Zelaya's acts are investigated)|date=26 June 2009|accessdate=14 October 2009}}</ref> For minorities like the 400,000 ethnic Garifunas it held the promise of winning long-sought rights, such as proportional representation and legal title to communal and ancestral land.<ref>{}{{cite news|url= http://www.miamiherald.com/honduras/story/1151878.html | publisher=]|title=Amid crisis, minorities find a voice|date=22 July 2009|accessdate=06 October 2009}}</ref>


The current ] was initially approved on 11 January 1982, three years after Honduras ] after many decades of mostly military governments. The provision of constitution at issue here was written to prevent a president from extending his rule beyond one term to prevent another dictatorship. The ] amended the Constitution 26 times from 1984 to 2005<ref name="explain_dates">Dates of ]</ref> and made 10 interpretations of the Constitution from 1982 to 2005.<ref name="official_const_honduras">{{cite web| last =| first =| authorlink =| coauthors =| title =Constitución Vigente de Honduras| work =| publisher =]| date =2009-08-01| url =http://congreso.gob.hn/constitucionVigentes.htm | doi =| accessdate =2009-08-01 |archiveurl=http://www.webcitation.org/5ihsd7i7W |archivedate=2009-08-01 |deadurl=no}}</ref><ref name="const_honduras_1982_original">{{cite journal | last =Asamblea Nacional Constituyente | first = | authorlink = | coauthors = | title =Asamblea Nacional Constituyente - Decreto Numero 131 | journal =La Gaceta - Diario Oficial de la República de Honduras| volume = | issue = | pages =24 | publisher =] | location =] | date =1982-01-20 | url =http://congreso.gob.hn/constituciones/CONSTITUCION%201982%20DECRETO%20131-82.pdf | issn = | doi = | id = | accessdate =2009-08-01 | archiveurl=http://www.webcitation.org/5ihsooHfa | archivedate=2009-08-01 |deadurl=no }}</ref> The current ] was initially approved on 11 January 1982, three years after Honduras ] after many decades of mostly military governments. The provision of constitution at issue here was written to prevent a president from extending his rule beyond one term to prevent another dictatorship. The ] amended the Constitution 26 times from 1984 to 2005<ref name="explain_dates">Dates of ]</ref> and made 10 interpretations of the Constitution from 1982 to 2005.<ref name="official_const_honduras">{{cite web| last =| first =| authorlink =| coauthors =| title =Constitución Vigente de Honduras| work =| publisher =]| date =2009-08-01| url =http://congreso.gob.hn/constitucionVigentes.htm | doi =| accessdate =2009-08-01 |archiveurl=http://www.webcitation.org/5ihsd7i7W |archivedate=2009-08-01 |deadurl=no}}</ref><ref name="const_honduras_1982_original">{{cite journal | last =Asamblea Nacional Constituyente | first = | authorlink = | coauthors = | title =Asamblea Nacional Constituyente - Decreto Numero 131 | journal =La Gaceta - Diario Oficial de la República de Honduras| volume = | issue = | pages =24 | publisher =] | location =] | date =1982-01-20 | url =http://congreso.gob.hn/constituciones/CONSTITUCION%201982%20DECRETO%20131-82.pdf | issn = | doi = | id = | accessdate =2009-08-01 | archiveurl=http://www.webcitation.org/5ihsooHfa | archivedate=2009-08-01 |deadurl=no }}</ref>

Revision as of 02:32, 15 October 2009

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Politics of Honduras
Executive
Legislative
Judiciary
Administrative divisions
Elections
Political parties
Foreign relations
  • Ministry of Foreign Affairs
    Minister: Eduardo Enrique Reina


The Honduran constitutional crisis centers around the 28 June 2009 removal from office and exile of President Manuel Zelaya by the Honduran military following the issuing of a detention order by the Honduran Supreme Court. The military's expulsion of the President preempted a non-binding public consultation being held later that day on whether to add a ballot box, to the November election, that would have asked about convening a constituent assembly to change the Constitution. The coup occurred in the context of a dispute ongoing since 2006 in Honduran society in what opponents of Zelaya have called a veiled attempt to eliminate presidential term limits and usher in Chavez-style socialism. President Zelaya denies this, claiming that he was attempting to modernize the Honduran Constitution to better serve the country, as the vote did not state anything about presidential term limits and the reform was planned for after his replacement had been elected. Numerous Honduran Government bodies declared that the 28 June poll would be illegal, including the Supreme Court, which on 26 June issued a secret order for the detention of President Zelaya.

On the morning of June 28, around a hundred soldiers stormed the president's residence in the capital city, Tegucigalpa, where they overcame about ten presidential guards, bundled Zelaya onto the presidential jet, and dispatched him to San José, Costa Rica. Later that day, Roberto Micheletti, the Speaker of Congress and next in the presidential line of succession, was sworn in as Interim President by the National Congress. Additionally, several dozen other government officials including the Foreign Minister and the Mayor of San Pedro Sula were detained. A "state of exception" suspending civil liberties was declared on 1 July by Micheletti's government.

In the aftermath of the removal of President Zelaya the new authorities said that Zelaya had been arrested in compliance with the Constitution. It also stated that the succession was a completely legal process as set out in the laws of Honduras. It later stated Zelaya also faces 18 criminal charges, which carry sentences of twenty years in prison, including treason and failure to implement more than eighty laws approved by Congress since he took office in 2006. Supreme Court spokesman Danilo Izaguirre said Zelaya could be granted political amnesty in order to solve the crisis. In August 2009 the Honduran Supreme Court agreed to hear a case involving the legality of removing Zelaya from the country.

International reaction to the 2009 Honduran military coup has been universally negative with widespread condemnation of the events as a coup d'état. No foreign government has recognized Micheletti as president. The United Nations, the Organization of American States, the United States, and the European Union condemned the removal of Zelaya as a military coup. The OAS suspended Honduras on Saturday, 4 July, after the caretaker government refused to reinstate President Zelaya. Domestic opinion remains very much divided, and demonstrations and protests for and against Zelaya have taken place. To mediate the situation, Costa Rican President Óscar Arias proposed measures to return Zelaya to power with early elections. Arias' proposal was submitted to the Honduran Attorney General, the National Congress, and the Supreme Court for legal review.

On 21 September 2009, Zelaya surreptitiously returned to Honduras. It was announced that he was in the Brazilian embassy in Tegucigalpa. The following day five constitutional rights were suspended for 45 days by the Honduras government.

Background

The political and socioeconomic divide in Honduras

A small group of wealthy families dominate the economy of Honduras, including "bankers, industrialists, hoteliers and media barons". Zelaya is one of them. Armida Villela de López Contreras, a lawyer and former vice president(2002-2006) to National Party President Ricardo Maduro, is one of the Honduran elite and the founding member of a coalition representing some of the most powerful business and political forces in the country. Mrs López Contreras is an outspoken critic of Mel Zelaya. With a coalition of groups that had previously been adversaries, including the Roman Catholic and Evangelical churches, chambers of commerce and several labor unions, and both of the country’s main political parties Mrs López Contreras has managed to get thousands to march on Congress, the Supreme Court and military installations to demand that authorities stand against the executive branch’s (Zelaya's) attempts to override their authority. Mrs López Contreras says, “The poor have always protested, and the rich always speak their minds, but the middle class never protested until now”.

An estimated 60 percent of Hondurans live in poverty and 36% are in extreme poverty (cannot meet minimum nutritional requirements). Rural poverty in Honduras is among the most severe in Latin America. Approximately 53% of the population is rural, and it is estimated that 75% of the rural population lives below the poverty line, unable to meet basic needs. The country still has high rates of population growth, infant mortality, child malnutrition and illiteracy. These and other social and economic factors reflect its status as the second poorest country in the Western Hemisphere, after Haiti. Zelaya supporters, largely from labor unions and the poor, claim conservative business leaders are really concerned that Zelaya had sharply increased the minimum wage. Víctor Meza, formerly Zelaya's interior minister, stated that: "The impression that stuck with the traditional political class and with the most conservative business leaders of the country was that Zelaya had taken a dangerous turn to the left, and therefore that their interests were in jeopardy." "We underestimated the conservatism of the Honduran political class and the military leadership." According to John Donaghy, of Caritas, the real conflict in Honduras is between the poor and wealthy. "It's a system that has kept the poor down for years." To some members of Honduras’s small upper class, Zelaya was ousted because of his blossoming leftist alliance with President Hugo Chávez of Venezuela which they recognized as a threat to their interests. To the working-class, it appears Zelaya was ousted because the elite felt threatened by his efforts to improve their lives — most notably with a 60 percent increase in the minimum wage to about US$9.60 a day from about $6 a day. Some who protested in support of Zelaya had never voted for him.

Zelaya presidency

Manuel Zelaya

Manuel Zelaya, a businessman born into a wealthy Honduran family, was elected in 2005 as the candidate of the country's historically powerful Liberal Party. Since taking office, Zelaya's economic and social policies have earned him praise from labor unions and civil society groups, but have alienated him from parts of his own party (historically the party of the moderate left in opposition to the conservative National Party of Honduras) and a significant part of the electorate, which were particularly upset by Zelaya's unexpectedly forging a regional alliance with the Bolivarian Alternative for the Americas (ALBA), established by Venezuelan President Hugo Chávez and other leaders in Latin America as a counter to the trade and security policies sponsored by the United States. Zelaya also planned to convert the Soto Cano Air Base ("Palmerola"), where one of the three United States Southern Command Task Forces is located, into a civilian airport (it is allready in use for many civilian flights because of safety concerns about Toncontín International Airport), partly using financing from the Bolivarian Alternative for the Americas and Petrocaribe. The New York Times reports that much of Zelaya's support is derived from labor unions and the nation's poor, while the middle and upper class fear Zelaya is seeking to establish Hugo Chávez’s type of socialist populism with a powerful leader in the country.

Zelaya has had a somewhat adversarial relationship with his country's large media outlets. The Inter American Press Association (IAPA) and the United Nations criticized murders of journalists during Zelaya rule. In 2008, an Organization of American States (OAS) organ expressed concern about "subtle censorship" exercised by awarding government advertising contracts in a way that favoured some news suppliers. In a similar vein, a non-governmental group, the National Anti-Corruption Council (CNA) released a report Censura sutil en Honduras: abuso de publicidad oficial y otras formas de censura indirecta (Subtle censorship in Honduras: abuse of official publicity and other forms of indirect censorship") in September 2008. For his part, Zelaya complains that he is discriminated against by the country's media: "No one publishes anything about me ... what prevails here is censorship of my government by the big media."

According to The Economist, "Mr. Zelaya’s presidency has been marked by a rise in crime, corruption scandals and economic populism." By April 2009, a Mitofsky opinion poll showed that only one in four Hondurans approved of Zelaya, the lowest approval rating of 18 regional leaders. For the Brazilian newspaper O Estado de S. Paulo, however, "there are no reliable polls in Honduras".

Independence of judicicary

Main article: Supreme Court of Honduras

The fifteen members of the Supreme Court are appointed by agreement between the two main political parties for a seven year term. In January 2009 the following were appointed in order of precedence: Dr. Jorge Alberto Rivera Avilés(President),José Tomás Arita Valle, Rosalinda Cruz Sequeira, Raúl Antonio Henríquez Interiano, Victor Manuel Martínez Silva, Jorge Reyes Díaz, Rosa de Lourdes Paz Haslam, Jose Francisco Ruiz Gaekel, Oscar Fernando Chinchilla Banegas, José Antonio Gutiérrez Navas, Jacobo Antonio Cálix Hernández, Carlos David Cálix Vallecillo. Marco Vinicio Zúniga Medrano, Gustavo Enrique Bustillo Palma and Edith María López Rivera.

The Honduran Judiciary remains deeply politicized with the highest judicial offices still being distributed between the two main parties. By requiring them to be re-elected it makes them subject to policies of their sponsoring party. Eight of the judges were selected by the Liberal Party and seven by the National Party. José Tomás Arita Valle was vice minister for foreign affairs in the National Party government of President Ricardo Maduro. José Antonio Gutiérrez Navas, in 1998, spoke at the UN General Assembly, representating the Liberal Party government of Carlos Roberto Flores, at a session to commemorate fifty years of human rights. Oscar Fernando Chinchilla Banegas and Gustavo Enrique Bustillo Palma were National Party alternate members of Congress (2002-2006) The U.S. State Department has noted that the judiciary and Attorney Generals's office is subject to corruption and political influence.

Constitutional assembly plans

Zelaya's leftward drift during his presidency (which included raising the minimum wage by 60%) culminated in a plan to hold a Constitutional Assembly to write a new constitution. A publicity document produced for the fourth ballot box initiative that outlined the goals of a constitutional convention was inserted in an Armed Forces timeline document. Some of the topics of a constitutional convention include social control; the establishment of a recall mechanism for politicians; actual freedom of the press through equitable access; economic liberty with social responsibility; authentic political liberty resulting in a representative democracy where poiticians are responsible to their electorate instead of their party; more consultation of the populace; and other suggested topics. Notably absent in the flyer was any mention of extending the term of the president. Zelaya was quoted by popular media outlets as saying "he only one who can't be re-elected is the President, but re-election is a topic of the next National Constitutional Assembly". For minorities like the 400,000 ethnic Garifunas it held the promise of winning long-sought rights, such as proportional representation and legal title to communal and ancestral land.

The current Political Constitution of the Republic of Honduras was initially approved on 11 January 1982, three years after Honduras returned to civilian rule after many decades of mostly military governments. The provision of constitution at issue here was written to prevent a president from extending his rule beyond one term to prevent another dictatorship. The National Congress of Honduras amended the Constitution 26 times from 1984 to 2005 and made 10 interpretations of the Constitution from 1982 to 2005.

Referendum on constitutional assembly

As early as August 2006, Central America report stated that "liberal sectors" were proposing to reform " 'obsolete articles' " in the constitution, including one against presidential reelection. The report said that this was causing controversy. Debate regarding the convening of a constituent assembly took place in Honduras, with support from many groups.

On 11 November 2008, President Zelaya announced a non-binding referendum to see if the people wanted to have a fourth ballot box, "Cuarta Urna", installed at polling places during the next election, which is scheduled for 29 November 2009. The fourth ballot, which would be in addition to the usual ones for presidential, congressional and local elections, would ask voters whether they wanted to hold a National Constituent Assembly to draft a new constitution. Zelaya, whose presidential term was to expire on 27 January 2010, would be ineligible, under the term-limitations of the present constitution, to run in the 2009 election. Zelaya pointed out on at least one occasion (26 June) that since the electorate's decision whether to convoke a constituent assembly would not be made until 29 November 2009 – simultaneously with the presidential election – any constitutional changes that might result would be too late to allow him to run for reelection. Others have also observed that the 29 November date set for the Constitutional Assembly poll is too late to facilitate Zelaya's continuation in office.

On 24 March 2009, Zelaya called for a preliminary poll to be held on 28 June 2009 to gauge popular support for the idea of including the Constituent Assembly question in the November 2009 election. On that day he issued executive decree PCM-05-2009 for the National Statistical Institute to hold the poll by 28 June 2009. The question to be asked in this preliminary poll was:

"Are you in accord that in the general elections of November 2009 there be included a fourth ballot in which the people decide whether to convoke a National Constituent Assembly?"

Early coverage of the constitutional crisis often repeated that Zelaya wanted to call a constitutional convention because he sought either to continue in office as President, or sought a chance to seek re-election to President at some future point. Such reports echo the claims of three of the four daily newspapers in Honduras, which originated these claims. An example of this type of coverage is the German newspaper, Die Welt, which wrote "Opponents of Zelaya believe he was pushing the limits of democracy with his drive to extend the single four-year term of presidents to allow re-election." As noted above, Zelaya pointed out on at least one occasion (26 June) that since the electorate's decision whether to convoke a constituent assembly would not be made until 29 November 2009 – simultaneously with the presidential election – any constitutional changes that might eventually result would be too late to allow him to run for reelection.

Constitutionality of referendum

The President of the Congress, Micheletti, observed that article 374 of the constitution states that no referendum can be used to alter the entrenched articles in the constitution that are specified in article 384. He went on to insist that that even to announce such a referendum privately is a crime (" . . . porque eso, incluso, anunciarlo privadamente es un delito.") TeleSUR reported that Micheletti was part of a group of members of Congress who tried to convene the National Congress in 1985 as a National Constituent Assembly in order to prolong the term of president Roberto Suazo Cordova. That attempt ended when Efrain Bu Giron, President of the National Congress, called Walter Lopez Reyes, the head of the armed forces.

Article 373 of the constitution states that the constitution can be modified by a two-thirds majority of the National Congress. Article 374, however, specifies that several articles are entrenched; that is, they cannot be modified under any circumstances (Spanish: "en ningún caso"). The entrenched clauses include those on the system of government that is permitted, and the presidential succession. Article 239 specifically prohibits the president from attempting to amend restrictions on succession, and states that whoever does so will cease "immediately" in his or her functions. Article 239, however, is not mentioned at all in the judicial case file.

On 25 March, the Attorney General's office formally notified President Zelaya that he would face criminal charges of abusing power if he proceeded with the referendum.

In late may the court of contentious administration ruled the poll illegal. Honduras’ Supreme Electoral Tribunal also ruled that such a poll would be illegal. On 27 May, Micheletti announced that he had submitted evidence to the public prosecutor that the Executive branch had put out a contract to have him killed. He said that for more than a month he'd been followed and menaced with death and placed responsibility on the executive branch. Zelaya responded that "whoever made these claims had swine flu and was delirious." The lower court decision was upheld by the Supreme Court. In late June the intended consultative poll was also rejected by Congress. On 23 June 2009, Congress passed a law forbidding holding polls, referenda, and plebescites less than 180 days before the next general election; as the next elections are set for 29 November 2009 this would have made the 28 June 2009 poll illegal.

Since this bill was passed after the poll was scheduled, Zelaya rejected its applicability to this case.

Developments towards the referendum

The military is in charge of security and logistics in elections in Honduras. Zelaya asked them to perform their election role for the poll, but the head of the military command, General Romeo Vásquez Velásquez, refused the order to pass out the poll materials, brought from Venezuela, because the Supreme Court ruled the poll to be illegal. On 24 June Zelaya fired him. Later that day, the defense minister and heads of the army, navy and air force resigned. On 25 June the Supreme Court ruled 5-0 that General Velásquez be reinstated. Tribunal member David Matamoros affirmed the Electoral Tribunal’s support for the military's actions.

Zelaya led several hundred people to a air force base and took possession of the disputed poll ballots. These were then guarded by the national police.

Congress began discussing how to impeach Zelaya. Congress opened an investigation into whether Zelaya had violated the constitution and whether he was "mentally incapable" of holding office. Zelaya responded to the President of the National Congress Roberto Micheletti by saying "What's with you, Roberto. I was elected by the people, not the congress. How would you make me ineligible, you're a lousy second-rate congressman who got your post because I gave you space in my party."

On 23 June, up to tens of thousands of people marched in San Pedro Sula against Zelaya's alleged re-election plans. On 27 June, thousands of protesters opposed to Zelaya marched through Tegucigalpa.

On 26 June, TeleSUR reported that Micheletti wrote a letter, on National Congress letterheading, to Romeo Vásquez Velásquez saying "respectfully I am writing you to greet you and to remind you of the Mission to be undertaken on 28 June; that already the institution that you lead has been called to defend our CONSTITUTION and country and every one of those Hondurans thanks you." Micheletti continued, "These people who say they are Hondurans and wish to change our constitution don't deserve to be in our country, violating our constitution and selling our country."

The Supreme Court, Congress, and the military recommended that voters stay home because the poll would be neither fair nor safe to voters. The National Human Rights Commissioner, Ramón Custodio, said "I would tell the people to stay calmly at home in order not to get involved in any incident or any violence by going to vote 'no,' because they might be assaulted by these mobs," referring to Zelaya's supporters, who also were going to handle poll materials and count ballots.

Coup d'état

Supreme court detention order

On May 27, 2009, the Administrative Law Tribunal issued an injunction against holding the poll at the request of the Honduran Attorney General Luis Alberto Rubi. On June 16, 2009 the Court of Appeals unanimously upheld the May 27 injunction. On June 18, the Administrative Law Tribunal ordered Zelaya to comply with the ruling in writing within five days. On June 26 the Supreme Court unanimously found that the Presidency had not complied with the June 18 court order and was in contempt of court. It also found he was answerable to charges for the crimes against the form of government, treason to the motherland, abuse of office and usurpation of fuctions that damaged the administration. It also found unanimously that the President would be suspended for contempt on June 30, 2009 in the event of continued noncompliance. It apponted Supreme Court Justice Tomás Arita Valle to try the case. On 26 June Supreme Court Justice Tomás Arita Valle issued a sealed (secret) order to detain Zelaya . The interim government confirmed that the Supreme Court of Justice unanimously voted to appoint Tomás Arita Valle to hear the process in its preparatory and intermediate phases; and that he lawfully issued an arrest and raid warrant. The government also states that an investigation was conducted under the auspices of the Honduran Supreme Court that lasted for weeks.

Some pro-Zelaya supporters have sought to cast doubt on the Supreme Courts documentation. Jari Dixon Herrera Hernández, a lawyer with the Attorney General's office, said the order to arrest Zelaya came a day after the coup.

Zelaya's detention and exile

Soldiers stormed the president's residence in Tegucigalpa early in the morning of 28 June, disarming the presidential guard, waking Zelaya and putting him on a plane to Costa Rica. Colonel Bayardo said “It was a fast operation. It was over in minutes, and there were no injuries, no deaths. We said, ‘Sir, we have a judicial order to detain you.’ ” In Costa Rica, Zelaya told the pan-Latin American channel TeleSUR that he had been awakened by gunshots. Masked soldiers took his cell phone, shoved him into a van and took him to an air force base, where he was put on a plane. He said he did not know that he was being taken to Costa Rica until he landed at the airport in San José.

The Honduran military plane that flew him to Costa Rica on 28 June stopped to refuel at Soto Cano Air Base, also known as Palmerola, a joint Honduras and United States military airfield where approximately 600 U.S. troops are based as part of Joint Task Force Bravo of the United States Southern Command. Patricia Valle, who served as Zelaya's deputy foreign minister, said that the stop at Palmerola showed U.S. officials at some level were complicit in the 28 June coup: "Zelaya was taken to Palmerola," Valle told The Associated Press. "The United States was involved in the coup against Zelaya." United States Southern Command spokesman Robert Appin says U.S. forces at Soto Cano "were not involved in the flight that carried President Zelaya to Costa Rica on June 28." He said in an e-mail to the Associated Press that U.S. troops "had no knowledge or part in the decisions made for the plane to land, refuel and take off."

Within several hours of his removal, Zelaya spoke to media in San José, calling the events "a coup" and "a kidnapping." He stated that soldiers pulled him from his bed and assaulted his guards. Zelaya stated that he would not recognize anyone named as his successor, that he would be meeting with diplomats and that he wanted to finish his term in office.

Tanks patrolled the streets and military planes flew overhead. Soldiers guarded the main government buildings. The government television station and a television station that supports the president were taken off the air. Television and radio stations broadcast no news. The electrical power, phone lines, and international cable TV were cut or blocked throughout Honduras. Public transportation was suspended.

Later that day, the Supreme Court issued a statement that it had ordered the army to remove Zelaya from office. The Supreme Court stated "The armed forces, in charge of supporting the constitution, acted to defend the state of law and have been forced to apply legal dispositions against those who have expressed themselves publicly and acted against the dispositions of the basic law". On 30 June, the military's chief lawyer, Colonel Herberth Bayardo Inestroza Membreño, showed a detention order, signed 26 June by a Supreme Court judge, which ordered the armed forces to detain the president, identified by his full name of José Manuel Zelaya Rosales, at his home in the Tres Caminos area of the capital. It cited him for treason and abuse of authority, among other charges. Colonel Inestroza later stated that deporting Zelaya did not comply with the court order: "In the moment that we took him out of the country, in the way that he was taken out, there is a crime. Because of the circumstances of the moment this crime occurred, there is going to be a justification and cause for acquittal that will protect us." He said the decision was taken by the military leadership "in order to avoid bloodshed". According to Colonel Inestroza, the Honduran military was opposed to Zelaya because of his shift to left-wing politics. Inestroza stated, "It would be difficult for us , with our training, to have a relationship with a leftist government. That's impossible."

Ramón Custodio, the head of the country’s human rights commission, said that Zelaya’s exile was a mistake and that the military made an “error” sending deposed President Manuel Zelaya into exile rather than holding him for trial. “I didn’t know they would take Zelaya out of the country,” Custodio said in an interview in the week of 13 August at his Tegucigalpa office. Honduras’s Supreme Court has agreed to hear a case brought by a group of lawyers and judges arguing that the military broke the law taking Zelaya out of the country. On 17 August 2009, Micheletti himself said that a mistake was made when Zelaya was put on a plane to Costa Rica instead of being held for trial: “It wasn’t correct. We have to punish whoever allowed that to happen. The rest was framed within what the constitution requires."

Congress votes to replace Zelaya with Micheletti

The National Congress was called into an extraordinary session, where not all legislators were notified or present, and presented with what was claimed to have been Zelaya's resignation letter, dated 25 June. Zelaya has said he did not write the letter. Congress voted to remove Zelaya for "manifest irregular conduct" and "putting in present danger the state of law." By a show of hands, the National Congress – the majority of whom belonged to Zelaya's own Liberal party – appointed the President of the National Congress Roberto Micheletti, a member of Zelaya's party, to be president to succeed Zelaya.

A clash between pro-Zelaya protesters and the Honduran military

Legality

The interim government, including the National Congress and Supreme Court maintain Zelaya was replaced constitutionally. However, while the Obama administration considers the interim government illegitimate and is working to reinstate Zelaya, many conservatives in the U.S. Congress side with the interim Honduran government. Arguments that Zelaya's removal was illegal have been advanced by numerous Honduran scholars of Constitutional Law and others. Acting Honduran President Roberto Micheletti said forcing deposed President Manuel Zelaya to leave the country, instead of arresting him, was a mistake.

Other detentions and human rights abuses

Acting President Roberto Micheletti ordered a curfew which initially lasted for the 48 hours from Sunday night (28 June) and to Tuesday (30 June) and has continued since then in an arbitrary way. According to Amnesty International and the International Observation Mission for the Human Rights Situation in Honduras, the curfew law was not published in the official journal La Gaceta and was not approved by Congress. Originally the curfew ran from 9:00 p.m. to 6:00 a.m. That curfew was later revised to be in effect from 10 pm to 5 am, was extended twice, ended on 7 July, and was restarted again on 15 July. Amnesty International and the International Observation Mission stated that the curfew implementation is arbitrary, with curfew times announced on radio stations, changing randomly each day and between different regions of Honduras. On 1 July, Congress issued an order (decreto ejecutivo N° 011-2009) at the request of Micheletti suspending four constitutional guarantees during the hours the curfew is in effect. The "state of exception" declared on 1 July is equivalent to a state of siege, and suspended civil liberties including freedom of transit and due process, as well as permitting search and seizure without a warrant.

The ambassadors of Cuba, Venezuela, and Nicaragua said that on 29 June that they were detained and beaten by Honduran troops before being released. Venezuela's ambassador to the OAS announced before the OAS that those ambassadors and Patricia Rodas, the Zelaya government's Foreign Minister, had been captured. Minutes after that announcement, Señor Laguna, the Venezuelan ambassador in Tegucigalpa, reported that he and the other ambassadors had been freed. Laguna said that he and the other diplomats were seized when they visited Rodas. He said that Rodas was forced into a van and had been transferred to an air base. Venezuelan President Hugo Chávez stated that the Venezuelan ambassador was assaulted by Honduran soldiers and left by the side of a road.

Also, allies of Zelaya, among them several government officials, were taken into custody by the military. Foreign Minister Patricia Rodas and the mayor of the city San Pedro Sula, Rodolfo Padilla Sunseri, were detained at military bases. According to a Narconews blog, several congressmen of the Democratic Unification Party (PUD) were arrested and the party's presidential candidate, César Ham, went into hiding.

According to the Venezuelan government's ABN news service, Tomás Andino Mencías, a member of the party, reported that PUD lawmakers were led away by the military when they tried to enter the parliament building for the 28 June vote on Zelaya's deposal. A dozen former ministers from the Zelaya government went into in hiding, some in foreign embassies, fearing arrest. Local media reported that at least eight ministers besides Rodas had been detained.

Hugo Chávez and Cuban Foreign Minister Bruno Rodríguez have both separately claimed that Honduran Foreign Minister Patricia Rodas has been detained by the military. Rodríguez said that the Cuban, Venezuelan and Nicaraguan ambassadors to Honduras had tried but were unable to protect Rodas from a group of masked soldiers who forcibly took her from their grasp. Rodas was sent to Mexico, which offered her asylum and help to resolve the situation.

A month after the coup, Zelaya claimed that the death squad Intelligence Battalion 3-16 was again operating, though with a different name, and that it was being led by former Battalion 3-16 member Billy Joya, who is presently a security advisor to Micheletti. Zelaya stated (translation), "With a different name, already operating. The crimes being committed is torture to create fear among the population, and that's being directed by Mr. Joya."

Human rights groups said that the number of violations and their intensity had increased since Mr. Zelaya secretly returned to Honduras in September. As of 5 Ocober, 2009, eleven people have been killed since the coup, according to the Committee for Families of the Disappeared and Detainees in Honduras (Cofadeh).

Reports from human rights organizations

The human rights organisation COFADEH, founded in 1982 by 12 families of people who disappeared during the previous year, reported that 609 people, of whom at least 61 minors, were detained for "political scandal" (participation in political demonstrations), and 158 were detained for violating curfew, between 28 June and 12 July. COFADEH also reported several murders and detentions of journalists, that it attributed to the coup d'etat.

Several international human rights missions visited Honduras and published reports. A mission of the International Federation of Human Rights and many human rights groups published a major report on 6 August 2009; La Misión Internacional de Solidaridad, Observación y Acompañamiento a Honduras published a brief report on 30 July, and the Quixote Center Emergency Delegation of Solidarity, Accompaniment and Witness published a short summary of their findings in an open letter on 7 August.

On 19 August 2009, Amnesty International released a report detailing alleged human rights abuses of the de facto government. According to CNN's reading, several hundred people have been arbitrarily arrested and beaten by government forces. The report includes testimony from, and photographs of, several people who were baton-whipped and detained by police officers. "They beat us if we raised our heads; they beat us when they were getting us into the police cars," said a student whom Amnesty International interviewed in late July at the police station where he was being detained. "They said, 'Cry and we'll stop.'" Multiple requests to the government for comment went unanswered. The government has said in the past that the demonstrators were arrested for engaging in violence and provoking authorities.

On 21 August 2009, the Inter-American Commission on Human Rights (IACHR) released a preliminary report documenting instances of sexual violence, excessive use of military force, about 3500 to 4000 arbitrary detentions, threats at gunpoint against judges responsible for habeas corpus and several confirmed deaths and disappearances allegedly attributable to the de facto government. The IACHR also alleged that the government has threatened, detained and beaten members of the media, creating "an atmosphere of intimidation that inhibits the free exercise of freedom of expression." On the same day, 93 academics and authors, mostly from United States universities, criticised Human Rights Watch's lack of statements and reports on Honduras between 8 July and 21 August. Four days later, Human Rights Watch published a summary of the IACHR report and stated that it had published reports up to 8 July and that human rights supporters had encouraged the IACHR to "directly ". ABC News (United States) claimed that HRW had "commissioned" the IACHR report.

Extrajudicial killings

Main article: Human_rights_in_Honduras § Extrajudicial_executions

Extrajudicial executions that have been attributed to the de facto Micheletti government include 19-year-old Isis Obed Murillo Mencías, shot in the head on 5 July when Zelaya's plane was trying to land at Toncontin Airport; Roger Iván Bados, former union leader, member of the Democratic Unification Party and Bloque Popular, shot dead on 11 July while entering his home in San Pedro Sula; 40-year-old campesino leader and Democratic Unification Party member Ramón García on 12 July, after he was forced by unknown people to get off a bus; 23-year-old Pedro Magdiel Muñoz Salvador, detained by police during anti-coup protests and taken to an El Paraíso police station on 24 July, and found at 6:30 am the following morning with 42 stab wounds; 38-year-old high school teacher Roger Abraham Vallejo Soriano, shot in the head by security forces during protests on 31 July, died on 1 August

Media war

Reuters on 29 June 2009, describing the situation in Honduras as a "media blackout," reported that the military had shut down several TV stations, radio stations, and newspaper's websites. Among the TV stations closed were CNN en Español, TeleSUR, and "a pro-Zelaya channel." Reuters said that "the few television and radio stations still operating on Monday played tropical music or aired soap operas and cooking shows," and "made little reference to the demonstrations or international condemnation of the coup. . . ." A government health worker interviewed by Reuters said that the anti-Zelaya newspapers El Heraldo and La Tribuna, and "some television channels controlled by the opposition" were the only ones still broadcasting on the morning of the 29th. The Miami Herald reported that the "crackdown on the media" began before dawn on the 28th. It said that only pro-Micheletti stations were allowed to broadcast and that they carried only news friendly to the new government. On 29 June, four Associated Press personnel were detained and removed from their hotel, but then released.

TeleSUR journalist Adriana Sívori, who was in Tegucigalpa reporting the clashes between the police and protesters, reported that she was arrested by the military under threat, and had her passport seized. Her detention was confirmed by the Associated Press. As soon as the international community learned of the detention, and after the quick intervention of the Venezuelan ambassador in Honduras, the journalist and the staff who accompanied her were released. Sívori was reportedly assaulted by the soldiers who detained her. TeleSUR was, until the detention and quick release of journalist Sívori, the only channel that was broadcasting live on all developments in the political crisis.

According to Diario El Tiempo, there was also some information that the newspaper Diario El Tiempo had been prohibited to broadcast information about the developments. Canal 11, located in Colonia de Miramontes, was also prohibited from broadcasting information about the developments. The Cable Color buildings, which also broadcasts programming of CNN and teleSUR, were surrounded by military forces. On 29 June, soldiers shut down Channel 8, a government station which was pro-Zelaya. Channel 36 was raided by soldiers minutes after the coup and remained off the air for a week; the Miami Herald of 1 July quoted owner Esdras López as saying that the building's occupants were detained during the raid. Channel 66 was raided and was off the air for a short time; according to some journalists, however, a Channel 66 program by Eduardo Maldonado, a popular radio and TV commentator who is pro-Zelaya, remained off the air for days. Maldonado went into hiding. The Miami Herald noted that Channel 21's signal was briefly interrupted while it was broadcasting a plea against censorship.

According to a press release published on the website of Radio Globo Honduras, a station which has long sided with Zelaya, a group of 60 soldiers took the radio off the air and the employees, including Alejandro Villatoro, were allegedly threatened and intimidated. The station was allowed to resume transmission, but staff had to follow some rules which they believed limited freedom of expression. The website of the radio was down but has been re-established. Alejandro Villatoro said that he was arrested and kidnapped for some hours by the military forces. On or just before 4 August 2009, the National Telecommunications Commission (CONATEL) terminated Radio Globo's transmission frequency rights.

"Honduras’ two leading radio networks, Radio América and Radio HRN, have urged Hondurans to resume their normal routine and not to protest." Honduran newspaper La Prensa reported on 30 June that an armed group of Zelaya supporters, attacked its main headquarters by throwing stones and other objects at their windows, until police intervened. According to the paper, it was discovered that the group was led by Venezuelan and Nicaraguan nationalities.

On 3 July, Radio América journalist Gabriel Fino Noriega was murdered near La Ceiba.

Media outlets complained that the government ordered them not to report any news or opinion that could "incite" the public. News organizations in Honduras were polarized. Journalists working for small independent media—or for those loyal to Zelaya—reported being harassed by officials.

The Paris-based press freedom group Reporters Without Borders released a statement on 29 June stating that, "The suspension or closure of local and international broadcast media indicates that the coup leaders want to hide what is happening."

Carlos Lauría of the New York-based Committee to Protect Journalists said: "The de facto government clearly used the security forces to restrict the news... Hondurans did not know what was going on. They clearly acted to create an information vacuum to keep people unaware of what was actually happening." However, in an interview published on 9 July 2009 in the Washington Post, Ramón Custodio López, Honduras's human rights ombudsman, said he had received no official complaints from journalists: "This is the first I have heard about an occupation or military raid of a station," he said. "I try to do the best job I can, but there are things that escape my knowledge."

Two journalists working for teleSUR and two working for Venezuelan state media were threatened by police on 11 July. The teleSUR journalists had just returned to their hotel, the Clarion in Tegucigalpa, and saw the Venezuelan state media reporters being detained at reception. They in turn were ordered to stay in the hotel and wait for agents from immigration to check their papers, then leave the country as "there's nothing for you to report on here". The Venezuelan state media reporters were taken to a police station and held until 3:30 am on the pretext that their car was listed as having been used in a crime. They also were told to leave the country, and were escorted to the airport on 12 July, accompanied by representatives of Derechos Humanos (DDHH). Another group of four journalists, including an ACAN-EFE reporter, were held by police in their hotel in Tegucigalpa from early hours of the morning until 9 am on 12 July, allegedly on orders to wait for immigration authorities, which never materialized.

Violent confrontations with media continued from both coup supporters and opponents during the week of 12 August 2009. According to the World Association of Community Radio Broadcasters (AMARC), soldiers backed by police arrested Alfredo López, the head of Radio Coco Dulce, a community radio station, during a demonstration by the National Front for Resistance to the Coup on 12 August in Tegucigalpa and released him later that night. Reporter Gustavo Cardoza of Jesuit-run Radio Progreso said he was attacked by police while covering the eviction of Zelaya supporters from their housing in Choloma, on 14 August, saying he was beaten at gun point, an account confirmed by witnesses. He was taken to a police station and held for several hours until lawyers from the National Front for Resistance to the Coup interceded. During the same operation, police reportedly manhandled photographer Julio Umaña of the daily Tiempo and confiscated his camera although he had just shown his press accreditation. Journalists working for pro-Micheletti media have also been the targets of violence. On 15 August, five Molotov cocktails were thrown at the Tegucigalpa headquarters of the daily El Heraldo. Several of its reporters and photographers have allegedly been threatened or physically attacked by Zelaya supporters, who accuse it of participating in a conspiracy to oust the president. Members of the National Front for Resistance to the Coup also demonstrated outside the Tegucigalpa headquarters of La Tribuna on 15 August, verbally attacking its editor and staff and two days earlier, four hooded men set fire to one of the newspaper’s distribution trucks.

The above-mentioned Diario El Tiempo is owned by Jaime Rosenthal. His son Yani Rosenthal was for a period a minister in the Zelaya administration.

On October 10, Honduras' interim leaders put in place new rules that threaten broadasters with closure for airing reports that "attack national security," further restricting media freedom following the closure of two opposition stations.

Opposition to the post-coup government

Main article: Frente Nacional contra el Golpe de Estado en Honduras

Much of the opposition to the de facto Micheletti government and its actions is loosely coordinated through a wide coalition of grassroots organisations and political parties and movements called Frente Nacional contra el Golpe de Estado en Honduras (FNGE). The FNGE aims to restore elected President Manuel Zelaya in replacement of the de facto Roberto Micheletti government, which is perceived by the participating organisations as a dictatorship existing since the coup d'etat, using methods of civil disobedience and vandalism. The FNGE supports a process of participatory democracy that should lead to a national constituent assembly, frequently makes public statements and, in early August 2009, organised a national march intended to converge on San Pedro Sula and Tegucigalpa on 11 August.

Public opinion

Opinion polls

CID-Gallup conducted a poll in 16 of the nation's 18 departments between 30 June and 4 July, but the results were reported initially to the press on 9 July and 10 July, leading to confusion. Honduran newspapers, such as El Heraldo, and some news sources outside Honduras, such as the Washington Post, reported that when asked whether they believed the removal of President Zelaya was justified, 41% agreed, 28% disagreed, and 31% said don't know/won't answer. However, the New York Times, the Associated Press, and others reported, possibly based upon an interview of the President of CID-Gallup, that 46% disagreed with Zelaya's ouster, 41% approved of it, with 13% declining to answer.

A blogger obtained the original data from CID-Gallup and explained the inconsistency. CID-Gallup asked two different questions:

Q: Do you consider the actions taken by Mel Zelaya with respect to the fourth ballot box to have justified his dismissal from the post of President of the Republic?
¿Considera usted que las acciones que tomó Mel Zelaya con respecto a la cuarta urna justificaban su destitución del puesto de Presidente de la República?
Yes 41%, No 28%, Don't know/No answer: 31%.
Q: Are you in accord with the action taken last Sunday that removed President Zelaya from the country?
¿Cuánto está usted de acuerdo con la acción que se tomó el pasado domingo que removió el Presidente Zelaya del país?
Support 41%, Oppose 46%, Don't know/No Answer 13%.

Some press sources reported the results from the first question, and some the results from the second question.

Additional questions examined the two presidents popularity. Zelaya had a 46% favorable and 44% unfavorable rating. Congress's chosen replacement, Micheletti, had a 30% favorable and 49% unfavorable rating.

Events after 28 June

Main article: Chronology of events of the 2009 Honduran coup d'état
Pro-Zelaya protesters marching in Tegucigalpa

Protests against the coup began almost immediately, as several thousand Zelaya supporters gathered near the Presidential Palace, confronting the guarding soldiers and lit tires on fire. In response to daily pro-Zelaya protests, Congress approved a decree on 1 July that applied an overnight curfew and allowed security forces to arrest people at home and hold them for more than 24 hours.

On 30 June, the United Nations General Assembly unanimously adopted a resolution which called for the reinstatement of Zelaya as the President of Honduras. Zelaya spoke in front of the General Assembly where he was applauded several times. In his speech, Zelaya promised not to seek another term as President and said that he would not accept a second term if he were asked to serve again.

30 June also saw the first rally in support of Zelaya's removal take place in the capital, as thousands of Zelaya opponents took to the main square. Roberto Micheletti made an appearance and said that the November general elections will be held as scheduled and that a new president will be sworn in on 27 January 2010. General Romeo Vásquez Velásquez also attended and spoke at the rally.

Anti-Zelaya demonstrators in Tegucigalpa

Honduras was formally suspended from the Organization of American States on 4 July, after the Micheletti government ignored a ultimatum by the OAS to re-instate Zelaya as president. OAS Secretary General José Miguel Insulza had arrived in Honduras the previous day to attempt to negotiate a return for Zelaya, but the Micheletti government ruled out any return for Zelaya.

Keeping with his word to attempt to return to his country, on July 5 Zelaya's plane took off for Tegucigalpa. The Micheletti government suspended all flights in and out of Toncontín International Airport, stranding hundreds of passengers in the progress, while sending the military to guard the runways, in order to prevent any landings. Zelaya's plane circled the airport a few times, as pro-Zelaya demonstrators gathered near the airport. Eventually the plane had to turn away and head to Nicaragua because of the Honduran military's blocking of the runway. Protests at the airport turned deadly, with one protestor confirmed dead and scores injured.

Zelaya met with U.S. Secretary of State Hillary Clinton in Washington on 7 July. At this meeting, Zelaya agreed to a U.S.-backed proposal for negotiation talks with Micheletti government representatives in Costa Rica set for 9 July. The talks, with Costa Rican President Óscar Arias serving as mediator, proved unsuccessful, as both sides remained far apart according to regional leaders. The participants only agreed to meet again sometime in the future, as Zelaya left Costa Rica to gather more international support.

Meanwhile, Micheletti announced that he accepted the resignation of interim Foreign Minister Enrique Ortez, who earlier in a TV interview had called U.S. President Barack Obama "a little black man who knows nothing about nothing". The U.S. Embassy in Honduras strongly condemned and protested the comments, which Micheletti described as "a scandalous epithet". However, Micheletti immediately reinstated Ortez as Minister of Government and Justice.

A small clique of Honduras' most wealthy families stand as the major obstacle to Zelaya's restoration to power. Members of this elite clique have reacted with surprise, since they did not expect that the United States would support President Zelaya. An Associated Press article on 6 August stated, "Elites across Latin America are watching the standoff closely, as they plot their own strategies to combat democratically elected presidents such as Venezuela's Hugo Chavez who have demonized the wealthy as they push for a more even distribution of income."

Honduran Roman Catholic Cardinal Óscar Andrés Rodríguez Maradiaga does not support the return of President Manuel Zelaya. Cardinal Rodriguez stated that Zelaya “doesn’t have any authority, moral or legal. The legal authority he lost because he broke laws and the moral authority he lost with a discourse full of lies.” On 15 July 2009, interim president Roberto Micheletti stated he would be prepared to step down "if at some point that decision is needed to bring peace and tranquility to the country, but without the return, and I stress this, of former President Zelaya."

In a 16 July interview on Radio Monumental of Costa Rica, President Óscar Arias said that he had a mandate from 34 world governments to restore constitutional order in Honduras, by which he meant restore President Zelaya. He rejected Micheletti's proposal to step down if Zelaya did not return to power. He said, "we will see if we can talk of an amnesty, and for who, over political crimes (veremos si se puede hablar de una amnistía, y para quiénes, sobre delitos políticos)". "Zelaya must abandon his goal of installing a fourth ballot box", he continued. Arias indicated he intended to propose a reconciliation government headed by Zelaya combined with political amnesty. The head of the ruling Liberal Party in Congress (to which both Zelaya and Micheletti belong), Valentín Suárez, expects the vast majority of lawmakers to vote against Arias' proposal.

On 26 July, Zelaya briefly entered into Honduran territory, at a border crossing between Honduras and Nicaragua near Las Manos in El Paraíso Department. Zelaya, who through the entire thirty-minute stay was surrounded by supporters and journalists, decided to head back to Nicaragua because of the presence of the Honduran military who were blocking the highway just twenty yards away. Zelaya returned to the same border crossing a day later, but this time he did not cross it.

Meanwhile, both pro- and anti-Zelaya demonstrations continue on an almost daily basis throughout the deeply polarized country.

Zelaya's return to Honduras

On 21 September 2009, Zelaya and his wife arrived at the Brazilian embassy in Tegucigalpa. Zelaya stated that to reach the embassy he travelled through mountains for fifteen hours, and took back roads to avoid checkpoints. Zelaya refused to state from which country he entered Honduras. He stated to Canal 36 that "I am here in Tegucigalpa. I am here for the restoration of democracy, to call for dialogue".

Michelletti initially denied that Zelaya had returned, but later admitted Zelaya's return, stating that it "changes nothing of our reality." Michelletti later issued a curfew and asked the Brazilian government to put Zelaya in Honduran custody to be put on trial. Micheletti warned Brazil that "the eyes of the world are placed on Brazil and also Honduras". Brazilian foreign minister Celso Amorim stated that Brazil did not aid Zelaya's return.

Security Vice Minister Mario Perdomo ordered checkpoints to be placed on highways leading to Tegucigalpa, to "stop those people coming to start trouble." Defense Minister Lionel Sevilla suspended all air flights to Tegucigalpa.

Honduran security forces used tear gas to disperse thousands of pro-Zelaya supporters who had congregated outside the Brazilian embassy. The interim government also surrounded the area with military and several agencies reported that 'hooded men' had stormed the building next to the embassy. About 50 pro-Zelaya supporters have been reported wounded by police. According to Zelaya, Israeli mercenaries had installed a mobile phone jammer. At a later press conference, Zelaya showed a mobile phone jammer produced by the Israeli company Netline Communications Technologies that had been found at the Brazilian Embassy. Zelaya also stated that he was being targeted by toxic gases and radiation, and that the Israeli mercenaries might assassinate him. Starting 22 September, Honduran authorities used a Long Range Acoustic Device to cause pain or possible hearing loss among people present at the Brazilian Embassy. At a press conference in the Embassy on 25 September, a medical doctor reported that 25-30 people had symptoms of nose or stomach bleeding and that many people had symptoms of nausea, throat and sinus irritation and related problems. The chemical or biological agent responsible for the symptoms was not identified, and the de facto authorities denied having used any form of chemical weapon against the Embassy.

On 24 September, Brazil called an emergency meeting of the United Nations Security Council to ensure the safety of its Embassy in Honduras. The Brazilian foreign minister Celso Amorim told the Security Council that "since the day it has sheltered President Zelaya at its premises, the Brazilian Embassy has been virtually under siege" and that "it has been submitted to acts of harassment and intimidation by the de facto authorities". The UN Security Council defended the inviolability of Brazilian embassy and "called upon the de facto government of Honduras to cease harassing the Brazilian embassy and to provide all necessary utilities and services, including water, electricity, food and continuity of communications".

Electricity was cut off to the embassy area and Canal 36 TV; however, Radio Globo sent out a broadcast that included a call for generators and a pledge by the head of the electrical workers union to send technicians which shortly led to power being restored to the immediate area. The curfew was then extended until 6:00 pm the following day, a drastic measure because it means that all workplaces will be closed during daylight hours.

In reaction to Zelaya's return, Venezuela's president Hugo Chávez said: "It was a well-planned operation and it worked. Zelaya deceived the coup mongers and went in the trunk of a car and even in a tractor. The coup mongers should surrender power peacefully." Details of Zelaya's journey remain sketchy, but reportedly on 20 September a Venezuelan government jet took him from exile in Nicaragua's capital, Managua, touched down briefly in El Salvador and then took off for an unknown destination. Brazilian President Luís Inácio Lula da Silva said that his country was doing what "any democratic country would do" by granting Zelaya refuge. Costa Rican President Óscar Arias and U.S. Secretary of State Hillary Clinton urged both sides to begin a dialogue toward a peaceful solution.

Amnesty International representative Susan Lee described human rights violations by Micheletti's security forces following Zelaya's return as "alarming". These included a "sharp rise in police beatings" and hundreds of arrests of political demonstrators throughout Honduras, and intimidation of human rights defenders by police firing tear gas canisters into the building of the human rights NGO Comité de Familiares de Detenidos Desaparecidos en Honduras (COFADEH), at a moment when about 100 people were in the COFADEH office, many who were in COFADEH in order to report human rights violations earlier that day. Dozens of the protestors detained were held in unauthorised detention sites in Tegucigalpa on 22 September. Amnesty International also reported limits imposed by the de facto authorities on free speech, in which Radio Globo and the TV channel 36 "suffered power stoppages or constant interruptions to their transmissions which prevented them from broadcasting". Susan Lee stated "The only way forward is for the de facto authorities to stop the policy of repression and violence and instead respect the rights of freedom of expression and association."

On 28 September 2009, after pressure from home and abroad, Micheletti said that he would lift his decree suspending civil liberties. As of 2 October 2009, Mr. Micheletti had not done so, but told a visiting delegation of Republican members of the U.S. Congress that he would lift the decree and restore civil liberties by Monday, October 5, 2009 at the latest, according to a spokesman for a member of the delegation. On 5 October 2009, Micheletti said that he was lifting the decree but also said that the pro-Zelaya media that had been closed down by the de facto government, Radio Globo and Canal 36 TV, would have to appear before the courts in order to regain their broadcast permits.

Facusse plan for compromise

On 29 September 2009, a coalition of business and political leaders who had backed the coup led by Adolfo Facusse, president of the National Industry Chamber, shared details of a plan proposed to end the crisis in Honduras by, among other provisions, returning Zelaya to office with limited powers and granting Micheletti a seat for life in Congress. Micheletti on Wednesday called parts of the plan impossible but indicated he was analyzing some points. "This involves things we cannot do, because our constitution does not permit it," he said, referring to the presence of foreign troops or U.N. peacekeepers. "But of course we will take into consideration the points has expressed in his proposal, in his dream to bring peace to Hondurans." As the Associated Press noted, "the interim president is becoming increasingly isolated as pressure mounts from the nation's power brokers — including lawmakers, presidential candidates and the business elite — who are demanding a break in the stalemate."

International reaction

Main article: International reaction to the 2009 Honduran coup d'état

No foreign government has recognized Micheletti as president. All Latin American nations (with the exception of Honduras), as well as the United States, Spain, France, and others, have publicly condemned the forced removal of Zelaya as undemocratic and most have labeled it as a coup d'état.

President Barack Obama and his administration, along with all other governments in the hemisphere, branded the action a "coup."

Americas-based international organizations such as the Organization of American States, Mercosur, and the Bolivarian Alternative for the Americas have also condemned the events. Over ten Latin American countries, as well as all European Union countries, agreed to withdraw their ambassadors from Honduras until Zelaya is returned to power.

  •  United Nations: A one-page resolution, passed by acclamation in the 192-member body, condemned the removal of Zelaya as a coup and demanded his “immediate and unconditional restoration” as president. The resolution calls "firmly and categorically on all states to recognize no government other than that" of Zelaya.
  •  Americas: The OAS called for an emergency meeting on Sunday, where it approved a resolution demanding "the immediate, safe and unconditional return of the constitutional president, Manuel Zelaya." Secretary General José Miguel Insulza called the situation "a military coup." On 1 July 2009, the OAS gave a three-day deadline for the new government to step down and put Zelaya back in power, and threatened to suspend Honduras from the organization if it refused. On 4 July, the OAS unanimously suspended Honduras.
  •  European Union: The European Union called on the Honduran military to release the president and restore constitutional order. All EU ambassadors left the country.
  • The World Bank: World Bank President Robert Zoellick stated that the World Bank has "paused" all lending for development programs to Honduras, said to be around US$80 million for the next fiscal year. Asked under what conditions the World Bank would consider resuming lending to Honduras, Zoellick replied: "It is a situation that is in flux and fluid and in this case we are trying to play a supportive role with the region and its overall goals to restore democracy."
  •  Caribbean: In a press release, CARICOM denounced the coup and voiced its concern over the treatment of Honduran and diplomatic officials during the coup. "The Caribbean Community condemns the military action which has interrupted the democratic process in Honduras and which contravenes the principles of the Inter-American Democratic Charter. The Community therefore calls for the immediate reinstatement of President Zelaya."
  • The Association of Caribbean States condemned the coup in a statement and called for Zelaya's reinstatement. Additionally it stated, "we highlight our condemnation of the brutal treatment that Honduras military personnel gave to the Minister of Foreign Affairs, Patricia Rodas as well as the Ambassadors of Cuba, Nicaragua and Venezuela. This situation is a serious violation of International law, and the Vienna Convention on Diplomatic Relations."
  •  Mercosur and  Paraguay: President of Paraguay and current president pro tempore of Mercosur Fernando Lugo condemned the coup and said that no member state of Mercosur will recognize a Honduran government that is not led by Manuel Zelaya. Lugo also called for those behind the coup to be punished by serving prison sentences.

References

  1. ^ "Honduras: Constitutional Law Issues" (PDF). the Law Library of Congress, USA. August, 2009. p. 5. {{cite web}}: Check date values in: |date= (help)
  2. ^ "Honduras Supreme Court Judge Defends President Ouster (Update1)". Bloomberg. 2009-007-01. {{cite web}}: Check date values in: |date= (help)
  3. "Q&A: Crisis in Honduras". news.bbc.co.uk. BBC. Retrieved 2009-07-06.
  4. ^ Central America report, 4 August 2006, excerpted in University of California at San Diego libraries, Latin American election statistics, retrieved 2009. Archived 2009-07-26.
  5. "Honduras Quagmire: An Interview with Zelaya". 2009-09-26. {{cite web}}: Unknown parameter |publishier= ignored (|publisher= suggested) (help)
  6. Rosenberg, Mica (2009-06-28). "Army overthrows Honduras president in vote dispute". www.reuters.com. Reuters. Retrieved 2009-07-06.
  7. On 12 November 2008, the Supreme Court of Justice determined that the modifications made to articles 239 and 240 by Congress in 1998 and 2002 were unconstitutional and returned these two articles to their state in the 1982 constitution. Vigentes artículos pétreos. Accessed 2009-08-05. Archived 2009-08-05.
  8. ^ "Articulo 239: El ciudadano que haya desempeñado la titularidad del Poder Ejecutivo no podrá ser Presidente o Designado. El que quebrante esta disposición o proponga su reforma, así como aquellos que lo apoyen directa o indirectamente, cesarán de inmediato en el desempeño de sus respectivos cargos, y quedarán inhabilitados por diez años para el ejercicio de toda función pública." ("Article 239: No citizen who has already served as head of the Executive Branch can be President or a designated person. Whoever violates this law or proposes its reform, as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years.") - "República de Honduras / Republic of Honduras, Constitución de 1982 (Political Constitution of 1982)". Political Database of the Americas. Georgetown University.
  9. "Honduras Congress Communiqué explaining why ex President Zelaya was removed". Retrieved 2009-07-09.
  10. "Honduran leader forced into exile", BBC, 28 June 2009;
    One hundred soldiers: "Honduran Leader's Populism is what Provoked Military Violence", Benjamin Dangl, Alternet, 1 July 2009.
    Ten guards: "Honduras supreme court 'ordered arm coup'" Telegraph, 28 June 2009.
  11. http://topics.nytimes.com/topics/reference/timestopics/people/m/roberto_micheletti/index.html
  12. "Leftist leaders hold emergency meeting over Honduras coup", Christian Science Monitor, 6 June 2009.
  13. "High noon in Honduras", Laura Carlsen, Alternet, 4 July 2009.
  14. ^ "Honduran leader forced into exile". BBC News. 2009-06-28. Retrieved 2009-06-28.
  15. Honduras interim leader orders curfew
  16. "Zelaya faces 20 years in prison". 2009-06-30. Retrieved 2009-10-09.
  17. ^ "Zelaya faces 18 criminal charges". 2009-07-07. Retrieved 2009-07-07. Cite error: The named reference "msnbc" was defined multiple times with different content (see the help page).
  18. http://www.bloomberg.com/apps/news?pid=20601086&sid=amc.MSzjgSZo
  19. "Rare Hemisphere Unity in Assailing Honduran Coup". The New York Times. 2009-06-28. Retrieved 2009-06-29.
  20. ^ "WRAPUP 2-Give talks a chance, U.S. tells Honduras rivals". Reuters. 2009-07-14. Retrieved 2009-10-06.
  21. "OAS condemns Honduras coup, demands return of Zelaya". World Bulletin. 2009-06-29. Retrieved 2009-06-29. {{cite web}}: |first= has generic name (help); |first= missing |last= (help)
  22. Markey, Patrick (2009-07-05). "Ousted Honduran leader departs on flight for home". Reuters. Retrieved 2009-07-07.
  23. "Resolución sobre la suspensión del derecho de Honduras de participar en la OEA" (PDF) (in Spanish). La Prensa. 2009-07-05. Retrieved 2009-07-07.
  24. Micheletti, Roberto (2009-07-26). "The Path Forward for Zelaya: Zelaya's removal from office was a triumph for the rule of law". Wall Street Journal. Archived from the original on 2009-07-29. Retrieved 2009-07-27. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  25. Ousted leader returns to Honduras
  26. Honduras: estado de sitio durante 45 días
  27. Morgan Lee and Alexandra Olson, Associated Press. "Honduran Coup Shows Business Elite Still in Charge - Honduran coup highlights power of business elite, which felt betrayed by one of its own". ABC International. Archived from the original on 2009-09-26. Retrieved 2009-09-25. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)"Washington has shunned the interim government so as not to legitimize it, while lobbying Honduras' business leaders in an effort to resolve the crisis. It's an acknowledgment of the tremendous sway those elites hold on the country. The cadre of bankers, industrialists, hoteliers and media barons has responded with a mix of bafflement and infuriation, many of them unable to understand how the United States — where they attend universities, forge business ties and shop at malls — could support a president they see as an agent of Chavez"
  28. http://www.un.org/ga/children/state08.htm
  29. ^ Thompson, Ginger (2009-08-08). "President's Ouster Highlights a Divide in Honduras". New York Times. Retrieved 2009-08-09. Cite error: The named reference "NYT_2009_08_08" was defined multiple times with different content (see the help page).
  30. http://www.koreatimes.com/article/print/544328
  31. http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/LACEXT/HONDURASEXTN/0,,contentMDK:21035522~pagePK:141137~piPK:141127~theSitePK:295071,00.html
  32. http://www.ifad.org/media/success/honduras_2.htm
  33. ^ {{cite news ref name="NYT_businesselite_incharge">| url = http://www.nytimes.com/aponline/2009/08/06/world/AP-LT-Honduras-Coup-Elite-Backlash.html | title = Honduran Coup Shows Business Elite Still in Charge | date = 2009-08-06 | publisher = New York Times |author= Morgan Lee and Alexandra Olson, for AP |accessdate=2009-08-09}} Cite error: The named reference "NYT_businesselite_incharge" was defined multiple times with different content (see the help page).
  34. Sheila Archambault ] (2009-10-06). "Lay Missionary: Honduran Conflict Between Poor, Wealthy". Catholic News Service. Retrieved 2009-08-09.
  35. Manuel Zelaya, en un sainete bananero. ABC.es
  36. ^ The Nation: In Honduras The Heat Is On by John Nichols, NPR, June 30 2009
  37. ^ "Defying the outside world". The Economist. 2009-07-02.
  38. Thelma Mejía (June 2, 2009). "HONDURAS: Soldier, Sailor, Airport Builder?". Australia.TO (from IPS).
  39. "Estado construirá la terminal aérea". Diario La Prensa. 2009-05-10. Retrieved 2009-07-29.
  40. "Palmerola tardaría diez años". Diario La Prensa. 2009-05-19. Retrieved 2009-07-29.
  41. ^ "Honduran President is Ousted in Coup". The New York Times. 2009-06-28. Retrieved 2009-06-29.
  42. ^ "Honduras: Government advertising as subtle censorship", Inter Press Service, 2 October 2008, Cite error: The named reference "IPS_1" was defined multiple times with different content (see the help page).
  43. "Manuel Zelaya Rosales". www.cidob.org (in Spanish). Centro de Investigaciones de Relaciones Internacionales y Desarrollo. 2009-07-03. Retrieved 2009-07-05.
  44. Honduran President Ousted by Military
  45. Chacra, Gustavo (2009-07-07). "Grupos pro e contra Zelaya inflam numeros de protestos". Estadao de Hoje. {{cite web}}: |access-date= requires |url= (help); Missing or empty |url= (help); Unknown parameter |ulr= ignored (help)
  46. http://www.poderjudicial.gob.hn/ejes/CSJ/Integrantes/
  47. http://www.icj.org/news_multi.php3?id_groupe=2&id_mot=413&lang=en
  48. http://irps.ucsd.edu/assets/004/5370.pdf
  49. www.oas.org/OASpage/press2002/sp/Año99/.../0316011.htm
  50. http://www0.un.org/News/Press/docs/1998/19981211.ga9535.html
  51. http://www.angelfire.com/ca5/mas/gobi/dip.html
  52. http://www.state.gov/g/drl/rls/hrrpt/2003/27903.htm
  53. "Cronologia de los eventos" (PDF). Fuerzas Armadas de Honduras. 2009-07-18. p. 154. Retrieved 2009-07-28.
  54. "Presidente sigue obstinado en encuesta (President remains obstinate on poll)". ElHeraldo.hn. 24 June 2009. Retrieved 14 October 2009.
  55. "Investigan actos del presidente Zelaya (President Zelaya's acts are investigated)". LaPrensa.hn. 26 June 2009. Retrieved 14 October 2009.
  56. {}"Amid crisis, minorities find a voice". Miami Herald. 22 July 2009. Retrieved 06 October 2009. {{cite news}}: Check date values in: |accessdate= (help)
  57. Dates of ratification
  58. "Constitución Vigente de Honduras". National Congress of Honduras. 2009-08-01. Archived from the original on 2009-08-01. Retrieved 2009-08-01. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  59. Asamblea Nacional Constituyente (1982-01-20). "Asamblea Nacional Constituyente - Decreto Numero 131". La Gaceta - Diario Oficial de la República de Honduras. Tegucigalpa: Republica de Honduras: 24. Archived from the original (PDF) on 2009-08-01. Retrieved 2009-08-01. {{cite journal}}: Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  60. Honduran Constitution "Republic of Honduras: Political Constitution of 1982 through 2005 reforms", Political Database of the Americas (in Spanish), Georgetown University {{citation}}: Check |url= value (help)CS1 maint: unrecognized language (link)
  61. Dangl, Benjamin (2009-09-21). "The Road to Zelaya's Return: Money, Guns and Social Movements in Honduras". Upside Down World. Archived from the original on 2009-09-23. Retrieved 2009-09-23. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  62. América Latina, Democracia Cristiana y golpes de Estado , Argenpress, 31 August 2009. Accessed 2009-09-01. Archived 2009-09-07.
  63. ^ "Honduras president: Nation calm before controversial vote", CNN, 27 June 2009.
  64. "Its not about Zelaya" , MRzine (published by Monthly Review), 4 July 2009.
  65. "Honduras: busca reforma constitucional". BBC Spanish. 2009-03-24. Retrieved 2009-07-11.
  66. Translated by Misplaced Pages. Original Spanish: "¿Está de acuerdo que en las elecciones generales de noviembre del 2008 se instale una Cuarta Urna en la cual el pueblo decida la convocatoria a una Asamblea Nacional Constituyente?" This was the text released in the official declaration of 27 June 2009. In Zelaya's initial announcement on 24 March, the text was slightly different: "¿Está usted de acuerdo que en las elecciones generales de noviembre se instale una urna para convocar a una Asamblea Constituyente que apruebe una nueva Constitución Política?" Sources: 27 June declaration published in La Tribuna, 27 June; 24 March question reported in "Honduras: busca reforma constitucional", BBC Spanish, op cit.
  67. "Honduras rejects return of ousted President Zelaya". Die Welt Online. July 2, 2009. Archived from the original on 2009-08-14. Retrieved 2009-08-10. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  68. "Honduras: buscar reforma constitucional", BBC Spanish op cit. Note that article 374 does not say that; and there is no article 384: the constitution has only 378 numbered articles. Apparently either the BBC, La Tribuna (the BBC's source), or Micheletti are in error. The quote from Micheletti, copied and pasted from the BBC article, is: "El artículo 374 dice que no se podrá utilizar el plebiscito y el referendo para reformar los artículos pétreos que establece el artículo 384 y que se refiere a la forma de gobierno, al territorio nacional, al período presidencial, a la prohibición para ser nuevamente Presidente de la República al ciudadano que lo haya desempeñado bajo cualquier tipo y referente." (BBC's source was La Tribuna.)
  69. "Micheletti intentó cambiar la Constitución hondureña en 1985". Telesur TV. 2009-07-10. Archived from the original on 2009-07-26. Retrieved 2009-07-11. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  70. Redacción web (2009-05-26). "Artículos pétreos no pueden reformarse ni con plebiscito ni referendo" (in Spanish). La Prensa.HN. Archived from the original on 2009-07-26. Retrieved 2009-06-30. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
    The constitution (in Spanish) can be viewed at Georgetown University constitutional archive, retrieved July 2009.
  71. Honduras Constitution: Titulo VII: De la Reforma y la Inviolabilabidad de la Constitución, Capitulo I De la Reforma de la Constitución: Articulo 373. - La reforma de esta Constitución podrá decretarse por el Congreso Nacional, en sesiones ordinarias, con dos tercios de votos de la totalidad de sus miembros. El decreto señalará al efecto el artículo o artículos que hayan de reformarse, debiendo ratificarse por la subsiguiente legislatura ordinaria, por igual número de votos, para que entre en vigencia. ARTICULO 374. - No podrán reformarse, en ningún caso, el artículo anterior, el presente artículo, los artículos constitucionales que se refieren a la forma de gobierno, al territorio nacional, al período presidencial, a la prohibición para ser nuevamente Presidente de la República, el ciudadano que lo haya desempeñado bajo cualquier título y el referente a quienes no pueden ser Presidentes de la República por el período subsiguiente. (Title VII: Amendment and Inviolability of the Constitution, Heading I Amendment of the Constitution: Article 373. - The amendment of this Constitution may be ordered by Congress, in regular session, by two thirds vote of all members. In order to enter into force, the decree for that purpose, containing the article or articles to be reformed, should subsequently be ratified by the legislature by an ordinary equal number of votes. Article 374. - They will not be able to amend, in any case, the previous article , the present article, the constitutional articles that establish the form of government, the national territory, the presidential term of office, the prohibition on again being President of the Republic, for any citizen, regardless of the title, and those who cannot be Presidents of the Republic in any subsequent period. "Constitución De La República De Honduras, 1982" part 2 Honduras.net; See also the Honduras Decreto (Decree) 169/1986.
  72. Expediente judicial, judiciary of Honduras. Accessed 2009-09-08. Archived 2009-09-10.
  73. "Honduras president: Nation calm before controversial vote". CNN.com. 2009-06-27.
  74. Quienes hacen esas denuncias tienen fiebre porcina y están deliriando"
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    Also New York Times, 29 June 2009, op cit.
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    Thousands March Against Zelaya’s Plan to Change Honduras Constitution. Latin American Herald Tribune
    Janes says tens of thousands; L.A.H.T. says thousands.
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  85. Respetuosamente me dirijo a usted con el fin de saludarle y al mismo tiempo recordarle la Misión a realizar el 28 de junio ya que la institución que usted preside ha sido llamada a defender nuestra CONSTITUCIÓN y la patria y cada uno de los hondureños se lo agradecerán
  86. Ya que esas personas que dicen ser hondureños que quieren cambiar nuestra constitución no merecen estar en este país, violando nuestra constitución y vendiendo nuestra patria.
  87. "Micheletti presionó a las Fuerzas Armadas para ejecutar el golpe de Estado hondureño". La Nacion Dominicana. 2009-07-17.
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