- 17 49. On June 28, at approximately 5 a.m., “members of the Army […], acting on the instructions of
the Head of the Joint Chiefs of Staff and of the then Vice Minister of Defense, entered the
presidential residence and took the President into custody.”60 The same day, President Zelaya was
taken to an air force base and flown to Costa Rica aboard a military aircraft.61 Subsequently, it was
reported that the Prosecutor General had requested the Supreme Court of Justice to arrest him and
that court had appointed a justice as an ordinary judge to prosecute the case.62
50. The same June 28, the National Congress met and read a “supposed letter of resignation
[from President] Zelaya.”63 Subsequently, by Legislative Decree 141-09, it ordered: “[t]he
constitutional appointment of the [then President of Congress] Roberto Micheletti Bain […] to the
office of Constitutional President of the Republic for the remainder of the current presidential
term.”64After taking office, Mr. Micheletti declared a state of emergency and imposed curfews.65
51. During the following days, numerous public protests were held and were “violently
suppressed.”66 In addition, “thousands of people [were detained], including children, mainly during
protests against the coup.”67 The Inter-American Commission indicated in its report that, during its
visit to Honduras, it was able to confirm that political authorities, community leaders and public
officials who voiced opposition to the coup d’état experienced situations that endangered their lives
and personal integrity, as did members of the family of President Zelaya. They were threatened,
pursued, beaten, harassed and/or investigated by the courts.”68
A.2) The international reaction to the coup d’état and the actions taken by
the OAS
60
IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 73.
61
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 73, and
United Nations, Report of the United Nations High Commissioner for Human Rights on the violations of human rights in
Honduras since the coup d’état on 28 June 2009. Doc. UN A/HRC/13/66, March 3, 2010, para. 73 (merits file, folio 1281).
62
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55. December 30, 2009, para. 78, 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, pp. 141 (merits file, folios 7416 and 7417).
63
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. 145 and 146 (evidence file, folios 7421 and 7422).
64
Legislative Decree No. 141‐09 cited in IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55,
December 30, 2009, para.77.
65
Cf. IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, paras. 88 and
89, and Report of the United Nations High Commissioner for Human Rights on the violations of human rights in Honduras
since the coup d’état on 28 June 2009. Doc. UN A/HRC/13/66, March 3, 2010, para. 9 (merits file, folio 1281).
66
IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 98; Report of
the United Nations High Commissioner for Human Rights on the violations of human rights in Honduras since the coup d’état
on 28 June 2009. Doc. UN A/HRC/13/66, March 3, 2010, paras. 8, 19, 20, 24 and 29 (merits file, folios 1281, 1283, 1284 and
1285), and Communiqué of the United Nations Secretary General, Available at: http://www.cinu.mx/noticias/la/onu-urge-acese-de-la-violenci/. In this regard, the Report of the Truth Commission records that the demonstrations were suppressed by
an excessive use of lethal and non-lethal force, and that those taking part in the political protests in support of President
Zelaya were subject to arbitrary or illegal detention. The Truth Commission reported that nine people died during the
confrontations between the security forces and the protesters. 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. 307, 308, 326 and
327 (evidence file, folios 7581, 7582, 7600 and 7601).
67
Cf. Report of the United Nations High Commissioner for Human Rights on the violations of human rights in Honduras
since the coup d’état on 28 June 2009. Doc. UN A/HRC/13/66, March 3, 2010, para. 32 (merits file, folio 1286);
Subcommittee on Prevention of Torture, Report on the visit to Honduras of the Subcommittee on Prevention of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, paras. 40 to 43 (cited in the pleadings and motions brief merits file, folio 327), and IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009,
paras. 99 and 340.
68
IACHR, Honduras: Human rights and the coup d’état. OEA/Ser.L/V/II. Doc 55, December 30, 2009, para. 195.