The undersigned, First Secretary of the National Congress, CERTIFIES: The Motion-Communiqué presented by the Honorable Congressman Orlando Romero Pineda, approved by this National Congress, in Point No. 9, Numeral 4), Subsection a), of Legislative Record No. 33, which contains the minutes of the session which took place on Wednesday the first of July, 2009, agreed to by all members of the four Political Parties, except those of the Democratic Unification Party, which literally says:
“Motion-Communiqué. The National Congress of the Republic communicates to the national and international public opinion:
- That the Democratic State of Honduras, as recognized constitutionally and internationally, has a form of government exercised by three complementary and independent branches, with none subordinate to the other: legislative, executive and judiciary. The constitution assigns specific duties to these branches, so that in coordination and harmony, they shall exercise the unitary action of the State in the attainment of its supreme objective: to respect, promote and protect the human dignity of all the Honduran population.
- Compliance by the three branches with the constitution’s laws is achieved by the effectiveness of the boundaries of action of each, and respect for its prohibitions, in order to ensure the fulfillment of duties by the public officials and to avoid abuse of power and breaking of the constitutional order.
- The democratic state of law was repeatedly breached by the citizen José Manuel Zelaya Rosales, who time and again violated the Constitution of the republic, disavowing expressly and publicly the jurisdiction of the other branches and rejecting the resolutions and recommendations of the public institutions, in particular that of the Office of the Public Prosecutor, the General Attorney’s Office, the Supreme Electoral Tribunal, the Tribunal of Administrative Law, the Supreme Court of Justice, and the National Commissioner of Human Rights. In this manner, the citizen, José Manuel Zelaya Rosales achieved de facto supremacy over the other branches of government, creating chaos, uncertainty and anarchy, as well as an environment which has favored the growth in crime, corruption and drug trafficking, and further, the manifest and reprehensible lack of attention to the financial crisis and the population’s problems as a result of the A(H1N1) pandemic and the earthquake which recently shook Honduras.
- As a result, as is expressed in the report and Legislative Decree of the 28th of June, the Honorable National Congress agreed to censure the conduct of the citizen José Manuel Zelaya Rosales and remove him from office by virtue of Constitutional Article 239, and based on an arrest warrant issued by the Supreme Court of Justice and in enforcement of the constitutional law of succession, name the President of Congress Roberto Michelletti Bain to the office of Constitutional President of the Republic for the remainder of the presidential term, until the 27th of January, 2010, date upon which the President elected by the general elections of November, 2009, will take office.
- Additionally, the National Congress elected the Honorable Congressman José Alfredo Saavedra Paz as President of that branch of government. Tegucigalpa M.D.C., 1st of July, 2009.”
The present Certification is issued in the city of Tegucigalpa, Municipio del Distrito Central, the first of July, 2009.
Carlos Alfredo Lara Watson
First Secretary of the National Congress