Tuesday, June 1, 2010

Honduran Supreme Court of Justice(CSJ) confirms dismissal of Judges: A second coup against the Honduran people and institutions



The Association of Judges for Democracy (AJD) and the Broad Movement for Dignity and Justice (Madj), before the citizens of Honduras and the international community:
That the CSJ has resolved to confirm the sanctions imposed last May 5 merely show that this state agency has decided to move away from the law and that it has surrendered to pressure from ultra right-wing sectors committed to the rupture of  constitutional order in our country, thus confirming the direct involvement of the judiciary in the coup of June 28, 2009.
We reaffirm the national and international community that the decision of the Supreme Court is a clear expression of political persecution against those judges and magistrates, who from a position of absolute respect for defending the Constitution, we opposed and condemned the coup, which is what bothers significantly the Supreme Court for their direct involvement in breaking the constitutional order.
It is indefensible from every point of view that this State power responsible for the control of institutional legality  to this day continues to cling to the theory of "presidential succession", and that  at the same time it adheres to the claims of the UCD which represents the most interested sectors in sustaining and perpetrating the political and military structures of the coup in alliance with the oligarchy.
When it decided in a political form a conflict that demanded a response from technical and legal order, the CSJ confirms its final departure from constitutional principles and values and its disregard for the rule of law. It becomes  clear that the judiciary in Honduras lacks complete independence, being evidence that what prevails in the Supreme Court is the  submission to the dictates of the oligarchy and that its decisions are alien to the Constitution and the law.

The ratification of the sanctions imposed on the three judges and the magistrate dismissed  becomes a message to the international community, in the sense of letting them know  that the reversal of the coup in Honduras does not fit into the agenda of the CSJ and oligarchy, on the contrary, these sectors are proposed from within the structures of the system of justice (CSJ, MP), to strengthen their positions and close the gaps for any attempt at national reconciliation, while international recognition matters little to them or not at all,  as do  protecting and guaranteeing the human rights of citizenship.

The dismissal of three judges and a magistrate for opposing the coup and for defending the Constitution, represents per se  a mortal wound to judicial independence, it being understood that in the judiciary it is forbidden to  think differently and to express  in a manner contrary to what the  judges of the Supreme Court hold, even when  these commit flagrant violations of law, constitutional order and of the democratic institutions.

Under these circumstances, and reaching 17 days of hunger strike, a time in which   national and international solidarity has been constant, we decided to suspend our action to deprive ourselves of food, however, this does not mean we will surrender to defend rights human rights and the rule of law, objectives with which we will be  linked along with the sectors who   continue fighting for the refound of the Honduran State.

The suspension of the hunger strike does not mean the culmination of our struggle against impunity.On the contrary,  this is one more step in our commitment to achieve the investigation of these crimes and to punish those responsible, and we will not rest along with social and popular organizations  to secure justice for the victims. Similarly, we confirm that we will continue making efforts for the truth to be known about all human rights violations that occurred as a result of the coup of June 28, 2009, as well as  seeking punishment for those responsible for the breakdown of constitutional order, including  judges  of the Supreme Court of Justice, who participated directly in these events.

We commit to attend all international forums and instances which are possible to make known the situation of defenselessness in which the Honduran people find itself facing the total collapse of the institutions in our country, also to denounce the dismissal of Judges Ramon Enrique Barrios, Luis Alonso Chévez de la Rocha, Guillermo Lopez Lone and Judge Tirza Flores Lanza, a clear sign that the justice sector institutions are at the service of coup d' état and without any commitment to independence and impartiality.
Tegucigalpa, MDC, June 1, 2010.
Stop  impunity!
FOR AN INDEPENDENT JUDICIARY!
ASSOCIATION OF JUDGES FOR DEMOCRACY(AJD)
BROAD MOVEMENT FOR JUSTICE AND DIGNITY(MADJ).

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