Last week, the Honduran Truth and Reconciliation Commission (Commission) confirmed that the June 28, 2009 forced removal of former President of Honduras Manuel Zelaya was a coup d’état. This is good news. Unfortunately, the report goes on to recommend a series of unnecessary constitutional reforms intended to allow for a legal process to remove a president from power.
Problem is: procedures for a special trial against high-ranking state officials are already clearly and unambiguously articulated and regulated in the current constitution. They just weren’t followed. Amending the beleaguered Honduran constitution again to address this phantom problem will not only fail to address the fundamental issue behind the events of June 28th, they will further confuse and weaken Honduran rule of law.
The Commission’s report, “To Prevent These Events from Happening Again” claims (1) that “the Honduran system for checks on the executive power is problematic and has substantial omissions, along with contradictory and dispersed legal rules, open to a lax interpretation;” (2) that “a basic modern constitutional principle is that a president may not be removed by a court decision, but only by a resolution of Congress with due process of law;” (3) that “the constitutional crisis of June 28, 2009 demonstrated that Honduras lacks an impeachment process;” and (4) that “to prevent these events (the coup) from happening again, the constitution should create this procedure.”.
But these assertions are simply not true. Article 313(2)(c) of the Honduran Constitution gives the Supreme Court the power “to adjudicate on the legal actions brought against the highest state officials and congressmen.” Articles 414 to 417 of the current Code of Criminal Procedure outline each of the steps that a criminal suit against the president must follow.