US embassy cable - 03TEGUCIGALPA1761

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 001761 
 
SIPDIS 
 
STATE FOR DRL/PHD, WHA/PPC, AND WHA/CEN 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, KJUS, KCRM, HO 
SUBJECT: HONDURAN CONGRESS LOOKS TO REPEAL IMMUNITY FOR 
PUBLIC OFFICIALS 
 
REF: STATE 
 
1. (U) SUMMARY:  On July 9, 2003, leaders of the major 
political parties in the Honduran National Congress announced 
their intention to repeal the general immunity granted 
congressmen and other high ranking public officials under the 
Honduran Constitution.  The initiative comes after the recent 
arrests of two elected Honduran officials on charges of 
narcotrafficking.  Initially, no congressmen or other 
government officials spoke out against the proposed change to 
the Constitution, but in the days since the announcement a 
number of public office holders stated that repealing all 
forms of immunity would be counterproductive. END SUMMARY 
 
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The Process Begins 
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2. (U) On July 9, 2003, leaders of the major political 
parties in the Honduran National Congress announced their 
intention to repeal the general immunity granted congressmen 
and other high ranking public officials under the Honduran 
Constitution.  During a joint press conference, leading 
members of the National Party (PN), the Liberal Party (PL), 
and the Christian Democrat Party (DC) said Congress will 
repeal Article 200 and Section 14 of Article 205.  These two 
portions of the Honduran Constitution grant a long list of 
public officials immunity from criminal prosecution, and from 
other requirements placed on the general population. 
 
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The Articles 
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3. (U) Article 200 of the Honduran Constitution grants 
members of the National Congress immunity from court summons, 
all manner of searches (i.e. house, vehicle, etc...), 
detentions, lawsuits, and court judgments.  Section 14 of 
Article 205 extends these immunities to the President, 
presidential appointees, members of the Supreme Court, 
members of the National Elections Tribunal, and a long list 
of other political appointees.  A bill to repeal these two 
portions of the Constitution has already been sent to the 
Rules Committee for review. 
 
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Voices For and Against 
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4. (U) The President of the National Congress, Porfirio Lobo 
Sosa (PN), said that the PN, PL, and DC are firm in their 
decision to repeal immunity, and that he expects the other 
political parties to follow suit.  Speaking on Frente a 
Frente, a politically focused morning television show, the 
Vice President of Congress, Ramon Velasquez (DC), said 
repealing these two portions of the Constitution would make 
public officials and the average citizen equal before the 
law.  PL Secretary General, and member of Congress Jamie 
Rosenthal said that by repealing these sections of the 
Constitution, Honduran members of the Central American 
Parliament would also be stripped of their immunity. 
President Ricardo Maduro, Supreme Court President Vilma 
Morales, and other high-profile individuals, such as Cardinal 
Oscar Andres Rodriguez, also voiced their support for a 
repeal of immunity immediately following the congressional 
leadership's press conference. 
 
5. (U) However, not all Honduran officials concur.  The first 
public official to question the repeal initiative was 
Assistant Attorney General Juan Arnaldo Hernandez of the 
embattled Public Ministry.  He said that certain government 
agencies and public officials will always need immunity, 
because without it they would become mired in 
politically-inspired litigation.  Minister of Public Security 
Oscar Alvarez said that Congress should carefully study the 
implications of lifting immunity, because those combating 
narcotrafficking need some form of protection.  Similarly, 
President of the Honduran Court of Claims (the court 
responsible for hearing cases against the government), Renan 
Sagastume, told the press that public officials should retain 
immunity which relates to their official duties.  Even 
President Maduro, who had initially voiced unconditional 
support for the initiative, tempered his stance by saying 
presidential immunity should be limited to cover only those 
actions directly related to official duties. 
 
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On the Right Path 
----------------- 
 
6. (SBU) COMMENT:  The initiative to repeal public 
officials, immunity is a significant step in the right 
direction for efforts to end the abuse of state power in 
Honduras.  It also demonstrates just how radioactive the 
issue of Congressional immunity has become.  On one hand, the 
public condemnation that accompanied the recent arrests of 
two Congressmen on unrelated narcotrafficking charges has 
made it impossible for the National Congress to ignore calls 
for reform.  On the other hand, some elements of the Congress 
want no real reform to take place.  The initiative to repeal 
all immunity for all government officials is the result of 
these two competing desires, because while outwardly 
appealing to public sentiments, the proposal is so 
problematic from a democratic-governance point of view that 
it is unlikely to become law.  Even so, given the current 
political climate, some type of reform will likely be 
enacted. END COMMENT 
Palmer