7
Honduran citizenry an opportunity to express their views on the advisability of convening a National
Constituent Assembly. The judicial branch ordered suspension of the consultation and Congress passed
a law to stop it.8 President Zelaya ordered the Head of the Joint Chiefs to serve as custodian of the
ballot boxes that would be used for the consultation. However, the military officer refused to comply
with the order and President Zelaya ordered that he be relieved of his command. 9
28.
The de facto government took power in Honduras on June 28, 2009 and announced a
state of emergency and a curfew.10 From that day forward, numerous demonstrations were held in
various communities across the nation, which the armed forces and the police used brute force to
suppress.11 One of the demonstrations was at Toncontín Airport on July 5, where thousands of
President Zelaya’s supporters had gathered and were awaiting his return to the country. In that
demonstration, violent clashes broke out, with demonstrators on one side and police and military on the
other.12 The Commission documented the systematic detention of demonstrators during these events
and concluded that “[t]housands of unlawful and arbitrary detentions have been made since the coup
d’état, both in enforcing the curfew and during the demonstrations in support of President Zelaya.” 13
The Commission also recorded dismissals, arrest warrants, acts of persecution, threats and harassment
against public officials in various government offices and local governments, apparently because of the
affected officials’ opposition to the coup d’état.14
29.
The OAS General Assembly condemned the coup d’état15 and on July 4, 2009, resolved
“to suspend the Honduran state from the exercise of its right to participate in the Organization of
American States, in accordance with Article 21 of the Inter-American Democratic Charter. ”16
2.
The Supreme Court of Justice’s position
30.
On June 28, 2009, the Supreme Court of Justice issued a communiqué addressed to “the
Honduran People and the international community, concerning the events that occurred today, Sunday,
8
IACHR, Honduras: Human Rights and Coup d’état. OEA/Ser.L/V/II. Doc. 55. December 30, 2009, paragraph 82.
9
IACHR, Honduras: Human Rights and Coup d’état. OEA/Ser.L/V/II. Doc. 55. December 30, 2009, paragraph 84.
10
IACHR, Honduras: Human Rights and Coup d’état. OEA/Ser.L/V/II. Doc. 55. December 30, 2009, paragraphs 88-91.
11
IACHR, Honduras: Human Rights and Coup d’état. OEA/Ser.L/V/II. Doc. 55. December 30, 2009, paragraphs 92 and
12
IACHR, Honduras: Human Rights and Coup d’état. OEA/Ser.L/V/II. Doc. 55. December 30, 2009, paragraph 92.
13
IACHR. Honduras: Human Rights and Coup d’état. OEA/Ser.L/V/II. Doc. 55 December 30, 2009. Paragraphs 340 et
14
IACHR, Honduras: Human Rights and Coup d’état. OEA/Ser.L/V/II. Doc. 55. December 30, 2009, paragraphs 182-
98.
seq.
196.
15
OEA/Ser.P AG/RES 1 (XXXVII-E/09). July 1, 2009. Resolution on the Political Crisis in Honduras. Available at:
http://www.oas.org/consejo/GENERAL%20ASSEMBLY/37SGA.asp. Article 20 of the Inter-American Democratic Charter applies
“[i]n the event of an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a
member state, any member state” of the OAS.
16
OEA/Ser. P AG/RES 2 (XXXVII-E/09). July 4, 2009. Resolution on the Suspension of the Right of Honduras to
participate in the OAS. Available at: http://www.oas.org/consejo/GENERAL%20ASSEMBLY/Resolucionesextraordinarias.asp.
Article 21 of the Inter-American Democratic Charter provides for the suspension of a member state when “there has been an
unconstitutional interruption of the democratic order of a member state.”