Coup military who ousted President Zelaya found "innocent" by Court

Court absolves  military from criminal responsibility of  Zelaya expatriation

 Proceso Digital

Tegucigalpa - The judge and president of the Supreme Court, Jorge Rivera Aviles, delivered today the prosecution of the Junta of the Armed Forces of Honduras in the extradition process of President Manuel Zelaya .

The judge previously determined definitive dismissal of the case involving the six generals who are part of the Joint Chiefs of Armed Forces: Chief of Staff, General Romeo Vasquez Velasquez, the Deputy Chief of Staff, Gen. Venancio Cervantes Army Commander Miguel Angel Garcia Paddget, commander of the Air Force, Luis Javier Suazo Price, commander of the Navy, John Paul Rodriguez, and Inspector of the Armed Forces, General Carlos Cuellar Garcia.

Senior military officers were accused by the prosecution of assuming responsibility for the crimes of abuse of authority against the public administration and expatriation to the detriment of internal security of the state and Manuel Zelaya Rosales.

After the hearings the judge had previously determined: enacting permanent dismissal for senior officers, and ordered for each of the accussed their final discharge letters.

Part of the statement said that after the capture of  Zelaya "defendants received reliable information that the country was in a serious, real and imminent threat, not only in the institutional order but in terms of loss of many human lives endangered by such violent actions of Mr. Zelaya's supporters, among whom were people from other countries. "

He adds that "the accused, given the information they had  and given what happened in the premises of the Honduran Air Force, they found no place of lawful detention for Mr. Zelaya Rosales, which could have attempted his abduction by his followers to avoid prosecution, which could have  been a confrontation with countless deaths that would occur in the place where he was hidden  and therefore in the interest of preserving democracy, peace and material and physical integrity of the inhabitants of the republic, including foreigners and Mr. Manuel Zelaya himself, they chose to move to the Republic of Costa Rica. " (notice that this whole statement is a speculation full of "would have"s and "could have"s, a conspiracy theory, a fairy tale, fable, story)

They report that after the move, Honduran and foreign supporters staged a series of actions which were e3ntre attacks on persons not related to them, fires, attacks on public and private establishments as well as against transport.

They also recall that "after Mr. Zelaya returned to the country and took refuge at the Brazilian Embassy his followers insisted to regain the power under the slogan: homeland, restitution or death.(dangerous slogan, it equates guns and actually killing people and violating human rights)

The document says that "the defendants have accepted to arrange the transfer of Mr. Zelaya Rosales outside the country, but they did it  taking into account the great danger to the country, protect property and lives of the Honduran and foreign residents concluding that it was better for  the right of society to live peacefully and without bloodshed. "

After analyzing these events, the natural judge perceives "that what actually occurred in Honduras is a situation of great real and imminent danger that would have meant having continued institutional collapse of the state, ungovernable and confrontation between Hondurans with consequent loss of precious human lives and  these are the reasons why  the defendants acted as they did- They had no deliberate intention of committing criminal offenses or cause damage to the detriment of Mr. Zelaya Rosales. (and what about all the lost lives and human rights abuses by the military and coup leaders and the detriment of institutionality under the rule of a defacto government?)

Under the resolution, both the crime of abuse of authority as the expatriate demand for its typical configuration the concurrence of two elements: one, objective, the other a subjective one, where the objective element is constituted by the tone or the intention or desire of the active subject  to lead a  wrongful conduct, in case that the subjective element is constituted by the damage it would cause deliberately to the passive subject ".(I never heard of so much bullshit in my entire life. My dog ate my homework would have sounded much better)

"In this connection the judge previously estimated that both offenses can only exist in a willful form, so that if failure of the latter offenses under Articles 333 and 349 of the penal code could appear as the most culpable, leading to note the absence of such crimes as Article 13 of the Code in its final part provides that the culpable offense is punishable only where expressly dictated by the law. "

In this case, he adds, it has not been established that the defendants acted with malice, but rather with mindfulness as it was justifiable for preserving democracy in the republic of Honduras and preventing the shedding of human blood, including  Mr. Manuel Zelaya Rosales' own by whirling center around which all the events ... ".

So this judge  has acquired the full conviction that the accused did not commit the crimes of abuse of authority and expatriation, charges for which they were introduced to process, and is therefore appropriate that it is rendered in its favor the corresponding final dismissal and they shall collect the respective letters of final discharge.

The document says that in the hearings it was not proven that the defendants have carried out actions that are identified as punishable with obvious malicious intent and in the absence of this element they can be conceptualized  not as crimes, although there is a prima facie and recognition by the accused of being responsible for the acts that the Public Ministry pointed out as crime-points. (so the intention is what counts when you are commiting a crime, huh? Next time a robber steals bread, if he does it not with malicious intentions but because he's hungry..........)

In the absence of fraud, he adds, he has not been able to establish full proof of the commission of crimes spewing results in the inability to issue arrest warrant, in addition to not being able to conceptualize any action as a crime,  permanent dismissal from the corresponding issue. 

The Joint Chiefs did not attend the hearing because they were in the National Stadium to monitor the security measures as part of the inauguration of President Porfirio Lobo Sosa, tomorrow. (how opportune that the trial takes place a day before Lobo's Presidential inaguration, I'm sure it's a coincidence that the military are just too busy now that the trial takes place)

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* So much respect and defense of the Constitution...............................................................................