- 16 45. The Prosecutor General requested that the consultation be suspended arguing that it would be
unconstitutional.52 On May 26, 2009, “in the face of the imminent [decision] against the referendum
procedure,” President Zelaya approved Executive Decrees PCM-19-2009 and PCM-20-2009
annulling Executive Decree PCM-05-2009 and ordering that a national opinion poll be held on June
28, 2009, to ask a question similar to the one it had been proposed to ask by means of a popular
consultation (supra para. 44).53 On May 27, the Contentious Administrative Court ordered the
suspension of the popular consultation and, on May 29, decided that the decision of May 27
included “any other general or specific administrative act that might have been issued or would be
issued and that would have the same result as the administrative act that had been suspended.”54
46. On June 24, 2009, the National Congress passed the “Special Law regulating Referendums
and Plebiscites,” which prohibited the use of either mechanism 180 days either before or after
general elections.55
47. President Zelaya decided to press for the consultation and ordered the Head of the Joint
Chiefs of Staff to safeguard the ballot boxes that would be used for this. The Head of the Joint
Chiefs of Staff refused to obey this order and, on June 24, President Zelaya ordered that he be
relieved of his command.56 However, the Supreme Court of Justice annulled his removal. Also, on
June 24, the President accepted the resignation of the Minister of Defense.57
48. On June 25, 2009, the Supreme Electoral Tribunal declared the national opinion poll illegal
and proceeded to confiscate the materials for the survey and place them on the premises of the
Honduran Air Force. However, the President, accompanied by his followers, retrieved the
confiscated material and ordered the National Police to safeguard it.58 On June 26, the Contentious
Administrative Court also ordered that the material be confiscated because the said opinion poll
would be in violation of its decision of May 29 (supra para. 45).59
as those who support him directly or indirectly, shall immediately be removed from their respective functions, and shall be
disqualified
from
exercising
any
public
office
for
ten
(10)
years.”
Available
at:
http://www.poderjudicial.gob.hn/CEDIJ/Leyes/Documents/
Constituci%C3%B3n%20de%20la%20Rep%C3%BAblica%20de%20Honduras%20%28Actualizada%202014%29.pdf
52
Cf. Report of the Truth and Reconciliation Commission (CVR). Para que los hechos no se repitan: Informe de la
Comisión de la Verdad y la Reconciliación, July 2011, p. 132 (evidence file, folio 7408).
53
These decrees were adopted on May 26, but published on June 25, 2009. Cf. Report of the Truth and Reconciliation
Commission (CVR). Para que los hechos no se repitan: Informe de la Comisión de la Verdad y la Reconciliación, July 2011, p.
134 (evidence file, folios 7410 and 7457), and Executive Decree PCM-020-2009 (evidence file, folios 6922 and 6923)
54
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 83, and
Communiqué of the Supreme Court of Justice of June 30, 2009 (evidence file, folio 14).
55
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 83.
56
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 84, and
Communiqué of the Supreme Court of Justice of June 30, 2009 (evidence file, folio 15).
57
84.
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, paras. 85 and
58
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 86, and
Report of the Truth and Reconciliation Commission (CVR). Para que los hechos no se repitan: Informe de la Comisión de la
Verdad y la Reconciliación, July 2011, p. 132 (evidence file, folio 7413).
59
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 87;
Communiqué of the Supreme Court of Justice of June 28, 2009 (evidence file, folio 11), and Report of the Truth and
Reconciliation Commission (CVR). Para que los hechos no se repitan: Informe de la Comisión de la Verdad y la Reconciliación,
July 2011, p. 138 (evidence file, folio 7414).