SUBJECT: CHARGES FILED AGAINST MILITARY FOR FLYING ZELAYA
OUT OF HONDURAS
Classified By: Ambassador Hugo Llorens for reasons 1.4 (b & d)

1. (SBU) Summary: The Public Ministry filed charges before the Supreme Court on January 6 against the Armed Forces Chief of Staff and the Joint Staff for abuse of authority on June 28 for the way they executed an arrest warrant issued against President Jose Manuel “Mel” Zelaya by forcing him onto a plane and taking him to Costa Rica. The timing of the charges is interesting since it occurred just days before the National Congress is likely to begin consideration of a decree granting political amnesty to all actors involved in the events of June 28. End summary.

2. (U) The Public Ministry, which prosecutes criminal cases, filed charges of abuse of authority on January 6 against the Armed Forces’ Chief of Staff and the Joint Staff. The case was filed against six individuals: Chief of Staff General Romeo Orlando Vasquez Velasquez, Venancio Cervantes Suazo, Carlos Antonio Cuellar Castillo, Luis Javier Prince Suazo, Miguel Angel Garcia Padget, and Juan Pablo Rodriguez Rodriguez. According to press reports, the charge is that they abused their authority when on June 28 they executed the
arrest warrant issued by the Supreme Court against President Jose Manuel “Mel” Zelaya by forcing him onto a plane and flying him to Costa Rica rather than arresting him and allowing him to defend himself of the charges against him in a Honduran court of law. The case was filed by the Attorney General with the Supreme Court since Article 313 of the Constitution provides that the Supreme Court has jurisdiction in cases involving high-level government officials. The Supreme Court in turn designated its Chief Magistrate and President Alberto Aviles Rivera to oversee the case.

3. (C) The timing of the charges has raised speculation about the motive. However, Attorney General Rubi has long been critical of the military’s decision to abort his legal case against President Zelaya in essence by kidnapping Zelaya from his home and flying him out on a plane to Costa Rica. Some say the case was ready weeks ago, but was postponed until after the November 29 general election in order to prevent any action that might negatively impact on a smooth electoral process. The case was filed days before the National Congress is likely to consider the issue of political amnesty for all actors in the June 28 coup. The congressional commission drafting a decree on political amnesty has reportedly completed its work and the draft decree is finalized and ready for consideration by the National Congress as early as the week of January 11. Some say that the Public Ministry filed the charges to ensure that the military leadership faces justice despite any political amnesty approved by the legislature. However, it is important to note that the Supreme Court, which will hear the case, played an important role in league with the military in the coup de’tat of June 28.

4. (SBU) On January 7, General Vasquez to the Ambassador that he and his colleagues had hired a law firm to defend their interests. Vasquez also said that the military would respect the authority of the Public Ministry. However, he expressed the hope that Congress would pass political amnesty legislation that covered all of the key actors associated with the Honduran political crisis and the coup.

LLORENS