- 20 Zelaya announced that the violation of the Accord by Mr. Micheletti had rendered it invalid.”79 On November 10, 2009, the OAS Permanent Council held a special meeting at which the Secretary General reported on the government de facto’s non-compliance with the Tegucigalpa/San José Agreement. In these circumstances, most of the delegations present reiterated that the reinstatement of President Zelaya was a necessary condition for the recognition of the elections to be held on November 29.80 Finally, on November 29, 2009, elections were held in Honduras in which Porfirio Lobo was elected president and he assumed office on January 27, 2010.81 59. On May 22, 2011, mediated by the Presidents of Colombia and Venezuela, former President Zelaya and then President Porfirio Lobo signed the “Agreement for National Reconciliation and Consolidation of the Democratic System in the Republic of Honduras,” which contained a series of measures to ensure the safety of former President Zelaya and members of his government, as well as “to ensure that all the actions and decision of the Government of Honduras were in strict compliance with the Constitution and the law.”82 60. On June 1, 2011, the OAS General Assembly accepted this agreement and resolved “to lift the suspension, with immediate effect, of the right of the State of Honduras to participate in the OAS.”83 A.3) The position of the Supreme Court of Justice 61. The Supreme Court of Justice adopted a position on the facts relating to the coup d’état that was in marked contrast to the conclusions reached by the OAS. On June 28, 2009, when President Zelaya was arrested (supra para. 49), the Supreme Court of Justice issued a press communiqué in which it stated that: The Armed Forces, as defenders of the Constitution, have acted in defense of the rule of law, obliging those who have acted and spoken publicly against the provisions of the Constitution to comply with the law. The Judiciary places on record that since the actions taken today are based on a court order issued by a competent judge, they are executed within the framework of legal precepts, and these actions must be taken against anyone who unlawfully opposes the return of the State of Honduras to the rule of law.84 62. On June 30, it issued another communiqué in which in indicated that, on that day, it had suspended the “confidentiality” of: [C]harges, dated June 25, 2009, filed by the Public Prosecution Service against José Manuel Zelaya Rosales, accusing him of offenses relating to the [form of government, treason, abuse of 79 OAS, Permanent Council, Timeline of recent OAS engagement in OEA/Ser.GCP/INF. 5938/09 corr. 1, November 23, http://www.oas.org/consejo/sp/documentos%20INF2009.asp Honduras 2009. June-November Available 2009. at: 80 Cf. OAS, Minutes of the special session of the OAS Permanent Council of November 10, 2009. Available at: http://www.oas.org/consejo/sp/actas/acta1727.pdf 81 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, pp. 248 and 267 (evidence file, folios 7523 and 7542). 82 Agreement for National Reconciliation and Consolidation of the Democratic System in the Republic of Honduras, “Cartagena Agreement”. Colombia, May 22, 2011. Available at: http://wsp.presidencia.gov.co/Prensa/2011/Mayo/Paginas/20110522_02.aspx. 83 Cf. Resolution of the OAS General Assembly on the participation of Honduras in the Organization of American States. AG/RES.1 (XLI-E/11), June 22, 2011. Available at: http://www.oas.org/council/sp/AG/41SGA.asp. 84 Communiqué of the Supreme Court of Justice of June 28, 2009 (evidence file, folios 11 and 12).