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Honduras court finds military officials not guilty for Zelaya removal

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Honduran Supreme Court President Jorge Rivera on Tuesday exonerated six military leaders accused of abuse of power for removing former president Manuel Zelaya from the country last June. Rivera found that the leaders did not intend to harm Zelaya and that his removal was necessary in order to preserve the peace. The Supreme Court had charged the commanders - head of the Joint Chiefs of the Armed Forces Romeo Vasquez, deputy head of the Joint Chiefs Venancio Cervantes, Inspector General Carlos Cuellar, Commandant of the Army Miguel Garcia, Commandant of the Navy Juan Rodriguez, and Commandant of the Air Force Luis Javier Prince - last week and ordered them to remain in the country until after the court had reached its decision. The charges were filed when prosecutors argued to the court that the military commanders violated the Honduran Constitution when they seized Zelaya and put him on a plane to Costa Rica. If they had been convicted, the military leaders could have faced up to six years in prison. Also Tuesday, the Honduran National Congress approved amnesty for both Zelaya and the military. Tuesday's ruling comes the day before Porfirio Lobo is scheduled to be sworn into office as president and Zelaya is expected to leave the Brazilian Embassy in Honduras. Last month, congress voted 111-14 not to reinstate Zelaya. This followed a non-binding advisory opinion from the Supreme Court that Zelaya could not legally return to office. Zelaya was ousted in June, following a judicial order asserting that he had broken Honduran law by attempting to conduct a controversial referendum on constitutional reform, contrary to a Supreme Court ruling. Zelaya, along with the US, the UN, the Organization of American States (OAS), and the European Union, maintain that his removal was a coup, while the interim government of Roberto Micheletti asserts that it was a lawful transition of power.

Full post as published by JURIST - The Paper Chase on January 27, 2010 (boomark / email).