Freedom of the press in Honduras

Honduras President Porfirio Lobo
Photo: El Heraldo, Honduras

The Miami Herald article discussed in Corruption in the upper echelons of the Honduran police is reporting what newspapers in Honduran can only hint at, if they even have the nerve to do that.

While freedom of expression and freedom of the press are enshrined in law and the constitution of Honduras, the reality is different. There is the very real fear of retaliation for what it said or written — about 17 journalists have been murdered in the past couple of years and many more have been threatened or intimidated by police, other government officials, or criminals. It is widely rumored that some journalists simply accept payment for covering/not covering or putting a certain slant on a story and even that one television 'journalist' extorts his potential victims — 'Pay up and we'll leave you alone. Don't pay and we will crucify you with wild claims and made up 'proof'.

Sometimes family politics and financial interests also get in the way of the "whole truth and nothing but the truth". The government of Honduras is one of the biggest advertisers in Honduras. That's right, in addition to their own two dedicated propaganda television channels, the government of Honduras spends millions on paid advertising incessantly telling us on TV, radio, and in print what a good job they are doing, using money that could be better spent actually helping the poor instead of trying to get their party reelected. Less than transparent government officials are often able to successfully confuse or cover up the truth or mislead journalists. Then there is also the possibility of being charged criminally or sued for millions for reporting derogatory stories.

You see, in Honduras, the archaic calumnia law (liable, slander, and insult) provides that anyone who even feels that their honor and dignity was offended can file a criminal complaint. It's called a "crime against honor" and is listed in the penal code in Título III, right after homicide and rape. It can be punishable by 6 months to 3 years in prison, as well as huge monetary damages in a civil lawsuit.

Reminiscent of the feudal era, which still exists to some extent in Honduras, and reflecting Honduras' strong and never ending love of impunity, in the case of "insult", the accused is not even allowed to present the truth as a defense except in the case of public officials. However, proving the truth is next to impossible in a country where "investigations" continue indefinitely and the few cases brought to trial rarely result in successful prosecution. Publishing a retraction, even if you have reported the truth, is the only option to avoid criminal prosecution. Even caricatures of public officials can be classified as a crime, though my favorite caricaturist and congressman Dario Banegas certainly pushes that to the limit. [Cartoon entitled a Cabinet of Goalmakers: A grinning President Lobo: I only half close an eye and .... goal! (the soccer balls spell 'corruption').]

Thankfully, this law, like so many laws in Honduras, is mostly ignored. Cases were filed and threats were made several times under the administration of Manuel Zelaya, including his threat to sue Otto Reich, former US Assistant Secretary of State, for Reich's comments made and published in the USA (coincidentally in the Miami Herald) stating that Zelaya was complicit in the Hondutel/Latinode corruption case. Reich's response to Zelaya was more or less "bring it on". In a big show for the Honduran public, the enraged Zelaya even sent high level government officials to the US to see what they could do, which was nothing.

Republishing an 'offensive' article that was previously published elsewhere in the world can also result in lawsuits. We saw that in 2007, when Hondutel official and nephew of then president Manuel Zelaya, Marcelo Chimirri (who has since served some time in prison for corruption but is now out), sued two television journalists individually and sued La Prensa and El Heraldo newspapers for L.500 million (US $26 million) for the re-publication of a Mexican article which directly linked Chimirri [photo] to Hondutel corruption and was later reported by CNN. Those cases were thrown out, but it took almost five years for the underlying fraud and bribery to be investigated in Honduras, despite the fact that Latinode officials plead guilty to bribery in US court. Unfortunately, the US public court documents only list the Hondurans who made the deals and received the bribes as "Official A, Official B, and Official C".

Honduran officials still claim to not know who "Official A" is, though it was claimed that he had close connections to Zelaya. I think the case is "still under investigation" in Honduras, which apparently has much higher standards of evidence than the US. < /sarcasm > Chimirri was arrested and taken to jail shortly after the ouster of President Zelaya to the cheers of many. It now appears that other than a few months in jail, during which he was allowed visits from his stylist and masseuse, nothing more will happen to Chimirri related to the specific corruption charges made in the article. He was released on L.4 million personal bond and nobody investigated where that money came from either.

In 2007, when the cases against the media were thrown out, several members of the national congress spoke out saying that freedom of expression is one of the pillars of a democratic society. Several mentioned that the law which makes defamation a criminal offense, as well as the new transparency law, needed to be changed in order to guarantee the citizens the right to be informed. One diputado went so far as to say that "to file a lawsuit against journalists who denounce corruption only reflects the class of functionary who isn't prepared to show his innocence." But more than four years have passed and the big talk was not followed by any action.

Names and photos of police who have been suspended and/or accused of crimes are withheld from the public — who have a real need to know — because, officials say, they could be sued for releasing the information. Police and other government officials, who have no similar qualms about giving out names and allowing photos of alleged criminals before charges have been filed or proven in court, have a whole different attitude about their own. Amazingly, even the Public Prosecutor says that the names and cases have not even been released by police to their office. No investigation, no trial — no need to embarrass or defame anyone.

That brings us full circle to the Miami Herald article. Honduran officials, including those named in the article, curtly dismiss the article, saying that it is unethical, merely rumors, and asking the Herald to provide proof. Since the only ones in a position to provide proof are those devoted to covering up the truth, there is not much chance of that ever happening.

Remember that Security Minister Pompeyo Bonilla said back in November 2011 (see Minister Bonilla responds) that he had no knowledge of any investigations against his command officers but that he had requested any investigative files against them from all sources. Apparently, he has not yet received those files or he is covering them up, because he's still not talking and he definitely hasn't said that the files don't exist. Leaks to the media seem to be the only way that the public can get any information.


Despite the many unsolved murders of journalists and many recent charges of attacks and intimidation, rather than addressing those issues, Honduran President Pepe Lobo announced on Wednesday that he would be sending a decree to congress intended to "regulate" the media. He didn't give any details but said that the objective is to guarantee that media divulge information without bias and that no media should be allowed to "defend personal interests". What he meant by that remains to be seen. And it doesn't bode well for freedom of expression if the government is in a position to decide what is biased and what is not. I would like to see the government propaganda channels subjected to the same criteria.

In addition to loads of coverage about the crime situation, criminal police, and lack of investigation and incompetence within the justice system, the media has exposed details of several suspicious government contracts lately as well as cases of laws passed by the congress in which the wording was mysteriously (and illegally) changed prior to being published in La Gaceta. It would be so much 'prettier' if only the media wouldn't talk about such things. In fact, the government is in the process of developing their own media campaign to improve the image of Honduras. Wouldn't a better effort be to improve the reality in the areas of crime and corruption?

Juan Orlando Hernández, President of the Congress seems to have lately put his presidential aspirations above his previous 100% support of every action of Lobo. He says that the President has a right to send a decree to Honduras, but that the congress has a right to not approve it.

On Friday, President Lobo added that the national media should obey "an ethical framework to inform and orient the public opinion in an impartial manner." "If I grab a newspaper, I am assuming that they are telling me the truth. The reader doesn't assume that the owner of a newspaper is the owner of a business that wants to get a [government] contract...." Unlike his previous announcement, this time he said that he would consult with journalists, the Inter American Press Association, and Reporters without Borders.

Honduran journalists have declared themselves "in alert" against any effort to limit their rights under Article 72 of the constitution. Proceso Digital writes that Lobo's reiterated declarations that he will legislate the exercise of the profession of journalism indicates his intolerance for criticism. [Both links in Spanish]

The Inter American Press Association has already announced its concern, citing one of the media's greatest roles as being a watchdog over the powers that be.

Related article:

Andres Oppenheimer: Press censorship on the rise in Latin America

Corruption but no corruptos in Honduras

Buen Provecho!

Bon appetit!

Image: Dario Banegas
La Prensa, Honduras

Did you know that the US has some laws that even cover crimes committed in other countries? The US doesn't agree with the "When in Rome, do as the Romans" philosophy for US corporations. The officers of one company found out about the Foreign Corrupt Practices Act the hard way.

After winning a long distance services contract in 2005 with Hondutel (the state-owned telephone company), Latin Node (Latinode) was apparently approached by Honduran government officials with a deal to "sweeten the pot". With bribe payments in the right places, an even lower connection fee would be charged by Hondutel. One by one, former officials of the company are going to prison for paying US $500,000 in bribes to Honduran officials in 2006-2007. Four down and three more to go. Additionally, the company itself was required to pay a US $2 million fine.

Here in Honduras? Nada. There is an old saying here: "En Honduras hay corrupción, pero no hay corruptos." Honduras is full of corruption but there are no corruptos. At least none that can be convicted and very, very few that can even be charged. I suppose it goes back to "Honor among thieves" or "You scratch my back and I'll scratch yours".

Marcelo Chimirri, former head of Hondutel, was one of those rare exceptions who did spend a few months in jail before he raised L.4 million bail. Initially he even had the audacity to use government funds to pay lawyers to defend him and the other accused against the corruption charges. Here is Chimirri having a good laugh at the justice system after he was released.

According to one Wikileaks cable, Latinode may only be the tip of the iceberg. "Latinode is one of 16 new international carriers that Hondutel has contracted with since the new administration of President Jose Manuel "Mel" Zelaya took office in 2005. Most of these contracts, including Latinode, contain suspect "confidentiality clauses" that seem to arbitrarily lower their rates." Despite the totally shocking information included in this cable, Chimirri was found not guilty of fraud charges and is still awaiting trial for abuse of authority charges. If a man like Chimirri (read the cable!) can not be convicted, there is really no hope for Honduras. Hat tip to Omar for sending me the cable.

It seems that if the cases have already been proven in the US, it shouldn't be such a stretch for Honduran prosecutors to win convictions in Honduras. While some of the Honduran officials were charged, we can't even find out the name of one of the bribed officials. His name has been maintained secret by three different administrations for all of these years. For all we know, he may be one of the many running for president.

Wikileaks: The real Manuel Zelaya

The following is one of the Wikileaks cables from former US Ambassador to Honduras, Charles Ford, dated May 15, 2008. I've decided to reprint the entire cable here, since these things have a way of disappearing, but I obtained the original from El Pais, Spain.

This cable, unlike the previous one from US Ambassador Hugo Llorens, who had only been assigned to Honduras for less than a year on June 28, 2009, reflect Ambassador Ford's view of President Manuel (Mel) Zelaya after several years experience and innumerable personal meetings with him. The emphasis and comments in brackets [] are mine:


ID: 154125
Date: 2008-05-15 20:54:00
Origin: 08TEGUCIGALPA459
Source: Embassy Tegucigalpa
Classification: SECRET
Dunno:
Destination: VZCZCXRO5637
OO RUEHLMC
DE RUEHTG #0459/01 1362054
ZNY SSSSS ZZH
O 152054Z MAY 08
FM AMEMBASSY TEGUCIGALPA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8111
INFO RUEHMD/AMEMBASSY MADRID IMMEDIATE 0513
RUMIAAA/CDR USSOUTHCOM MIAMI FL IMMEDIATE
RUMIAAA/CDR USSOUTHCOM MIAMI FL//CINC/POLAD// IMMEDIATE
RUEAHND/CDRJTFB SOTO CANO HO IMMEDIATE
RUEAIIA/CIA WASHDC IMMEDIATE
RUCPDOC/DEPT OF COMMERCE WASHDC IMMEDIATE
RHEFDIA/DIA WASHINGTON DC IMMEDIATE
RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE
RHEFDIA/DIA WASHINGTON DC//DHO-5// IMMEDIATE
RUEATRS/DEPT OF TREASURY WASHDC IMMEDIATE
RHMFISS/DIRJIATF SOUTH IMMEDIATE
RUMIAAA/HQ USSOUTHCOM J5 MIAMI FL IMMEDIATE
RUEKJCS/JOINT STAFF WASHDC IMMEDIATE
RUEHLMC/MILLENNIUM CHALLENGE CORP WASHINGTON DC IMMEDIATE 0742
RHMFISS/FBI WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
RHEHAAA/THE WHITE HOUSE WASHDC IMMEDIATE
RUMIAAA/USSOUTHCOM MIAMI FL IMMEDIATE

S E C R E T SECTION 01 OF 04 TEGUCIGALPA 000459

SIPDIS

MADRID FOR HUGO LLORENS

E.O. 12958: DECL: 05/14/2018
TAGS: PGOV, PINR, PREL, KDEM, ECON, SOCI, KCRM, ENRG,
EFIN, SNAR, SMIG, MARR, MASS, MOPS, HO
SUBJECT: PRESIDENT JOSE MANUEL ZELAYA ROSALES: PERSONAL

REFLECTIONS OF AMBASSADOR FORD

REF: OFFICIAL BIOS ON FILE

Classified By: AMBASSADOR CHARLES A. FORD FOR REASONS 1.4 (b and d)

1. (S) Summary: Honduran President Jose Manuel "Mel"
Zelaya Rosales is a throwback to an earlier Central
American era, almost a caricature of a land-owner "caudillo"
in terms of his leadership style and tone. Ever the rebellious
teenager, Zelaya's principal goal in office is to enrich
himself and his family while leaving a public legacy as
a martyr who tried to do good but was thwarted at
every turn by powerful, unnamed interests. Various
public statements over his tenure suggest he would be
quite comfortable as a martyr [See my
May 2007 article: Oh, boo hoo, everyone is against me]
who tried but failed honorably in his attempt to seek out
social justice for the poor. He is comfortable working with
the Armed Forces and until recently with the Catholic
Church, yet resents the very existence of the
Congress, the Attorney General and Supreme
Court. Over his two and a half years in
office, he has become increasingly surrounded by
those involved in organized crime activities. End
Summary.

2. (S) I have gotten to know Mel Zelaya quite well
over my tenure as Ambassador, and offer these
personal reflections on his character, his views
of the United States, and on what his presidency
means for our interest in the region with the
objective of informing future policy choices.

3. (S) Personally, I have found Zelaya to be gracious and
charming, quite willing to tell me whatever he thinks I want
to hear at that moment. For example, in the period
June-August 2007, we must have met weekly, with his
agenda focused on explaining his nomination of Jorge
Arturo Reina (who lost his U.S. visa for past terrorist
connections) as the UN Ambassador, his presence in
Managua at Sandinista celebrations and his intentions with
regard to Hugo Chavez. It was interesting to see how
his explanations differed from meeting to meeting,
almost as if he had no recollection of
our exchange just a few days before.

4. (S) In the period May-June 2006, Zelaya pressed me
hard to obtain President Bush's approval of his plan to join
PetroCaribe. When he met in early June with President
Bush who confirmed our strong opposition to his intention,
Zelaya later told me that he was surprised that this item
had been on our agenda. In short, over an almost
three year period it has become crystal clear
to me that Zelaya's views change by the day or
in some cases by the hour, depending on his mood
and who he has seen last.

5.(S) Not surprisingly, Zelaya has no real friends outside
of his family, as he ridicules publicly those closest to him.
In the days preceding his inauguration, Zelaya without prior
notification canceled a country team briefing for his new
cabinet. Over a private lunch he explained that he trusted
no one in his government and asked me the question: "Who
is the most powerful; the person with a knife behind the
door or the person outside the door who knows there is
someone behind the door with a knife?" It is clear to me
that tactically he will work with almost anyone, but
strategically he stands alone.

6. (S) Zelaya also has been quite erratic in his
behavior. Despite his often harsh public rhetoric, such
as describing U.S. immigration policy against
illegal aliens as "persecution" by "fascists", Zelaya
would meet again with President Bush in a heartbeat. At
one point he even planned to go uninvited to a bilateral
Bush-Berger meeting in Guatemala. Zelaya not only
allowed the first visit of a U.S. warship to mainland
Honduras in 22 years, but he delivered a

TEGUCIGALP 00000459 002 OF 004


ringing speech extolling bilateral relations on the ship's
deck, only briefly expressing pride in Honduras' capture and
execution of the American interventionist William Walker.
Always suspicious of American intentions, he
inexplicably submitted to a psychological profile
at my Residence - twice. His erratic behavior
appears most evident when he deliberately stirs
street action in protest against his own
government policy - only to resolve the issue (teacher
complaints, transportation grievances, etc) at the last
moment. This approach to problem solving seems to be
Zelaya's way of gaining acceptance, challenging the
established political power structure, and moving his
agenda - which is not populist or ideological, but is
based on popular appeal.

7. (S) Zelaya remains very much a rebellious teenager,
anxious to show his lack of respect for authority
figures. Cardinal Andres Rodriguez has told me
that not only did he not graduate from university
but he actually did not graduate from high school.
The Cardinal should know, as he was one of
his teachers. The problem is that Mel has acted in this
juvenile, rebellious manner his entire life and succeeded in
reaching the highest office in the land. No need to change
now. He will continue to lead a chaotic, highly disorganized
private life.

8. (S) There also exists a sinister Zelaya, surrounded
by a few close advisors with ties to both Venezuela
and Cuba and organized crime. Zelaya's desperate
defense of former telecommunications chief
Marcelo Chimirri (widely believed to be a
murderer, rapist and thief) suggests that Chimirri
holds much over Zelaya himself. [See my many articles on Marcelo Chimirri here, here, here, here, here, here, here, here and here.]
Zelaya almost assuredly takes strong medication for a
severe back problem and perhaps other
drugs as well. His vehement attacks on the press have
reportedly endangered journalists opposed to Zelaya's
policies. His style and tone in order to get his way is one
of intimidation and bullying, threatening tax inspections and
worse rather than substantive debate on issues. Zelaya's
inability to name a Vice Minister for Security lends
credibility to those who suggest that narco traffickers have
pressured him to name one of their own to this position.
Due to his close association with persons believed to be
involved with international organized crime, the motivation
behind many of his policy decisions can certainly be
questioned. I am unable to brief Zelaya on
sensitive law enforcement and counter-narcotics
actions due my concern that this would put the
lives of U.S. officials in jeopardy.

9. (S) Finally, Mel is very much a son of Olancho, aware of
his roots in the land and his family's ties to Honduras since
the 1500,s. Unlike most other Honduran leaders in recent
times, Zelaya,s view of a trip to the "big city" means
Tegucigalpa and not Miami or New Orleans. While he and his
family have been part of the Honduran landscape for 400
years, they have not until recently inter-married with the
Honduras elite in Tegucigalpa or San Pedro Sula. His son's
marriage in 2006 to one of the country's leading
Honduran-Arab families was very important to Zelaya yet a
complex event, signifying acceptance into the very elite
group that he so very much resents.

10. (S) I have found Zelaya's real views of the United
States hidden not too very deeply below the surface. In a
word, he is not a friend. His views are shaped not by
ideology or personal ambitions but by an old-fashioned
nationalism where he holds the United States
accountable for Honduras, current state of poverty
and dependency. Zelaya's public position against the
Contra War and against the establishment of Joint Task Force Bravo at Soto Cano Air

TEGUCIGALP 00000459 003 OF 004


Force Base are manifestations of this underlying viewpoint.

11. (S) Other behavior by the President confirms, in my
view, the depth of his feeling. While Zelaya was
open to our point of view of the selection of key
members of his Cabinet, he was absolutely closed
to listening to us on his appointment of his
Ambassador to the OAS and to his appointment
of Jorge Arturo Reina as Ambassador to the UN.
The Honduran voting record in the UN in terms of coincidence with US positions is at the lowest point in decades.

12. (S) More revealing, at public events with key officials
present, Zelaya will make clear that anyone interested in
becoming President of the country needs first to get the
blessing of the American Ambassador. Personally, in private
conversations at the Residence, Zelaya has recounted to
me, multiple times how a previous American Ambassador
had ordered the President of the Honduran Congress to
accept the Presidential candidacy of Ricardo Maduro, even
though in Zelaya,s view Maduro was Panamanian-born
and thus ineligible. Other sources have documented
Zelaya's views on this point where his anger and
resentment are more apparent than in his exchanges
with me. It is clear by the way he recounts the story that
on one level he resents very much this perceived
dependency yet accepts it exists and looks to
me to define for him the rules of the game. He becomes
frustrated at times when he believes I am not carrying out
this responsibility. [So much for the credibility of the US
claims that they don't interfere in the internal matters of Honduras.]

13. (S) Most noticeable to me has been his avoidance of
public meetings with visiting US officials. Whether Cabinet
officials or CODELs, Zelaya always is a gracious host, but
never comes out of the meeting to have his picture taken
publicly with our visitors, as he is so anxious to do with
other visitors from Nicaragua, Cuba and Venezuela. Almost
all of our meetings take place at my Residence rather than
at the more public setting of the Presidential Palace. He
made no attempt to disseminate his may photo ops with
President Bush after the June 2006 meeting in Washington.
The fact is that the President of the country prefers to
meet quite often in the privacy of my Residence but not
to be seen in public with American visitors.

14. (S) Finally, Zelaya recently is fond of saying that we
need to improve our communication, which I interpret to
mean that we need to agree with him more often. A similar
fate has befallen Cardinal Rodriguez who used to meet, as I
do, regularly with the President. As the Cardinal in recent
months has found himself in disagreement with Zelaya and
is not participating publicly in his projects, Zelaya is
working increasingly with pastors in the evangelical
community. The Cardinal recently told me that he and the
President hardly speak now as the President is unhappy
that he doesn't agree with the direction Zelaya is taking
the country. For Zelaya, communicating means agreeing unquestionably with his point of view.

15. (S) GOING FORWARD: The last year and a half of the
Zelaya Administration will be, in my view,
extraordinarily difficult for our bilateral relationship.

His pursuit of immunity from the numerous activities of organized crime carried out in his Administration will cause him to threaten the rule of law and institutional stability.

Honduran institutions and friendly governments will need to
be prepared to act privately and in public to help move
Honduras forward.

16. (S) We will need, in my view, to continue to engage
Zelaya whenever we can in order to minimize damage and to

TEGUCIGALP 00000459 004 OF 004


protect our core interests. As a rebellious teenager, he
will need a significant space to move, in but we must be
very direct in our conversations with him as to our core
interests. Despite his feelings towards us, he does respect
the role the U.S. Embassy is still perceived to play in
Honduran society and will expect us in private to be direct
and clear in our views. Using an analogy from American
football, we will need to continue to carry out an
aggressive bend but not break defensive game plan in
the run up to the next elections in November 2009. In this
way, I believe we can engage Zelaya intensely in the hope
of so as to minimizing damage to Honduran democracy and
the economy.
Ford

See also:
Wikileaks article on the cable

Mel Zelaya never disappoints

Mel Zelaya, back in the groove
Photo: El Nacional, DR

Manuel Zelaya stayed quiet for a week, but that was as long as he could stand it. In a press conference in Santo Domingo last week, widely covered by the Dominican Republic press but not so much elsewhere, Zelaya (yesterday's news) not only proposed that Honduras' constitution should be changed, but all other regional and subregional organizations' constitutions should, too.

Zelaya proposed that these organizations should change their constitutions so that they can take harsher actions against coup d'etats. He blamed his failed attempt to return to office on the international community. "They have no teeth," he complained. (All links are in Spanish, unless indicated otherwise.)

It took longer than I expected for Zelaya to get back into the groove. I believe that he must have made a solemn promise to someone to not make political speeches or preach against Honduras, in exchange for being allowed to leave the country (again) instead of being charged with crimes. Wash, rinse, repeat. Now that 'someone' knows that Zelaya's word means nothing, no matter who he gives it to. Zelaya has been quiet since that one press conference.

Photo: Clave Digital

As if the Tegucigalpa Accord never existed, as if the amnesty decree wasn't signed, and most of all, as if he was still the president of Honduras, Zelaya proposed (or in some cases demanded)....

• punishment for the coup authors and perpetrators in international courts
• termination of all actions of judicial persecution
  (read: criminal corruption cases) against himself, his ministers, and all opposition leaders
  
• cancellation of visas in general
• freezing of bank accounts of "coupsters"
• expulsion from the government of anyone [who he considers to have been] involved, including the Supreme Court, the Attorney General, and the military leadership
• dissolving the Honduran military, the police forces who were involved directly or indirectly, and the Congress (!)
• restructure of the judicial system
• no recognition of the current government
• expulsion of Lobo's government from all international and multilateral organizations
• economic and commercial sanctions against Honduras
• cessation of cooperation agreements and military assistance
• creation of a truth commission under the direction of international human rights groups
• the reactivation of the processes of participatory democracy (like Venezuela?)
• the creation of deliberative spaces (?)
• the construction of a new political, economic, and social order (?)
• guarantees for the exercise of democratic freedom
• the creation of a commissioner for freedom of expression

That last proposal is incredible considering the number of complaints filed (English) during Zelaya's administration, including murders, intimidation, assault, and refusal to provide information. One of his top cohorts, Marcelo Chimirri (who is now in jail awaiting trial for unrelated corruption charges), brought a US $25 million defamation lawsuit against two Honduran newspapers for merely republishing an article from a Mexican newspaper. Seven other journalists were sued (English) individually for criminal defamation by Chimirri.

In the past, Zelaya proposed a law censoring crime news, forced all radio and television stations to broadcast his nightly two hour cadenas (English), refused to provide information about finances, use of aid funds, projects, treaties, and even swine flu statistics, paid millions for favorable media coverage, and he constantly complained (English) that the media was against him.

But wait! There's more. Zelaya also proposed sanctions against the governments who recognized the de facto government.

Ex-president Zelaya said that he will return to Honduras 'pronto' but added that "there are no conditions for justice in Honduras. What I propose is a process of reconciliation and restoration of democratic order in the country, since the effects of the coup are still present in Honduras."

Zelaya also demands immediate cessation of the "repression" that the Honduran pueblo is still suffering (under Pepe Lobo).

He suggest a Great National Debate to Restore Democracy..... as if he didn't know that Lobo's platform was based on a Grand National Dialogue.

He assured the media that he achieved the best economic indicators in the last 30 years, with growth superior to the average of Latin America and a 10% reduction in poverty after stagnation for 30 years -- claims that have been found ridiculous by organizations who track such things, like FOSDEH, who report that poverty actually increased during Zelaya's term and the increase in economic indicators was a result of family remesas sent by Honduran workers in other countries.

"The Spy" column in one newspaper said that he swept into the press conference like a movie star, sans cowboy hat, and greeted almost all of the journalists with a kiss.

Honduras crisis: More corruption comes to light

Zelaya's wife's nephew, Marcelo Chimirri finally goes to jail
Photo: El Heraldo, Honduras

The new Minister of the President confirmed that more than L. 6 million of the presidential payroll was paid to 300 phantom employees who didn't come to work but whose salaries were paid. The presidential payroll includes 400 employees, only 100 have assigned duties. The minister encountered a number of these phantom assistants who were paid between L.40,000 and L.80,000 per month. Other waste noted was the contracting of airplanes and helicopters.

In the Dominican Republic, Mel confessed that he was going to spend L. 15 million of government funds just for the payments of the persons who would supervise the voting locations.

Notorious Marcelo Chimirri, former head of Hondutel (replaced in 2007 when other criminal charges were filed), was taken to jail in handcuffs. He and four others are accused of being involved in the Latinode bribery cases and causing the loss of tens of millions of dollars to the state. The Latinode bribery case was tried in the US; the company was found guilty of paying bribes to unnamed Honduran government officials. Now those government officials are being charged in Honduras. (I've written many articles about Chimirri.)

In an interview on a local La Ceiba television station, the La Ceiba mayor stated that Zelaya had offered him L. 8 million (for the city) in exchange for his support in campaigning for the cuarta urna. The mayor said that he could never get an answer as to what should be changed in the constitution and that he declined the offer and that is why Zelaya's government quite sending funds to La Ceiba.

Investigations are underway regarding a Treasury check made out to the Casa Presidencial for L. 10,000,950. The check was cashed on June 26. Investigators say there is documentation that the funds were to finance the election.

There is much more to come.


Previous articles

Garbage bags stuffed with cash were found all over the Casa Presidencial in desks and closets. Auditors have confirmed to date that Zelaya diverted at least L.600 million to the illegal referendum.

Rixi Moncada, former head of La ENEE, the state-run electric company, left behind L.260,000 in cash bribe money in a hotel room in Choluteca when she fled the country. She is a member of Zelaya's negotiating team. (same article as above)

Enrique Flores Lanza, ex-Minister of the Presidency, withdrew L.40,000,000 in cash from the Banco Central of Honduras four days before the election was to occur. Flores Lanza is part of Zelaya's negotiating team in Costa Rica.

Milton Jiménez has a long history of corruption and scandal. He is also part of Zelaya's negotiating team in Costa Rica.

Finally, the dirt begins to come out on Zelaya

Patricia Rodas, ex-Minister of Foreign Affairs
with ex-President, Mel Zelaya

La Prensa reports today that Manuel Zelaya spent L.1.5 million (US $80,000) in five days on his Honduran government credit card. The government has since cancelled his card as well as that of the former Foreign Minister, Patricia Rodas. The government also canceled the rental of 50 luxury vehicles and 61 mobil phones that have a credit limit of L.47,500, as well as 100 bank accounts backed by government funds.

Enrique Ortez Collindres, Minister of Foreign Relations, assured reporters that the previous government ordered the sacking of L.40 million from the presidential bank account. A vehicle was parked at the presidential palace presumed to belong to Cesar Ham. Within they found a list of illegal payments for support of the 'opinion poll.'

On the day that Mel was removed from his duties, black garbage bags stuffed with large amounts of cash were found in each minister's cabinet and even in their desk drawers.

The auditors and the Fiscalía to date have accounted for L.600 million in 'petty cash' expenses for the illegal poll. During the week, the DNIC and the Attorney General have confiscated documentation and computers as evidence. Checks were issued for L.17 million, 25, 40, and up to L.60 million lempiras which constitute an embezzlement of public funds.

Among the confiscated documents was a listing of payments to journalists during the last 3 1/2 years, showing payments of from L. 2,500 to L. 250,000 per month. Mel left the new government of Honduras with a deficit of L.8 billion (US $423 million). Ralph Flores, subdirector of FOSDEH, said, "This is a historic deficit that we've never had in this country."

Liberal party congressman, Wenceslao Lara, said that it was a true fiesta of corruption for those Liberals in Zelaya's administration to promote the cuarta urna (fourth ballot box) and the illegal poll.

Manuel Zelaya has been charged with 18 crimes, including abuse of authority and treason, but they are discovering more acts of corruption all the time, like the sacking of government business like Hondutel, ENEE, COPECO, and others.

Additionally, L.260,000 in cash was confiscated in a Choluteca hotel room which had been occupied by Rixi Moncada, former head of La ENEE, the state-run electric company. Speculation was that the money, in L.500 notes was to pay voters. Marcelo Chimirri, the former head of Hondutel, the state-run telephone company, was arrested two days ago for receiving bribes in the Latinode case.

Earlier this week, L.270,000 in cash was found in the President's office.

There will be more to report, I'm sure. After all, this was only six days work.

What say ye now world?

Meanwhile, from Caracas, Zelaya announced that he is returning to Honduras as president tomorrow, as ordered by the United Nations and the Organization of American States.

Chimirri for President!

Reborn: Marcelo Chimirri in white
(looks Miami Vice-ish to me)
Photo: La Tribuna, Honduras

What a difference a couple of days make.

During the five days that he was a fugitive from justice, Marcelo Chimirri, head of the Honduran state-owned telephone company, says that God has touched his life. He has requested a month leave of absence from Hondutel from President Mel Zelaya so that he may spend time with his family and consider his political aspirations. He hasn't ruled out the possibility of running for president of Honduras since he has seen the support of Liberal party members since his return.

Never mind that the constitution of Honduras states that candidates for President have to be Hondurans by birth. Anything is possible in Honduras. The constitution was reinterpreted in 2001 in order to allow former President Ricardo Maduro, born in Panama to Panamanian born parents, to run for president. According to this 2000 Honduras This Week Online article "Nationalities of candidates questioned" (halfway down the page), it seems that Honduras frequently has problems finding Hondurans by birth to run for president.

In regard to the raid of Chimirri's home, President Zelaya stated, "....that was really a total abuse of the authority in the sense of entering with disproportionate, brutal force the residence of a public official and at the same time to offend the dignity of his daughters, his wife and in his absence". He has also encouraged Chimirri to file a complaint with the Human Rights Commission.
Chimirri has called the Minister of Security a savage and says that the police put guns to the head of his 3- and 7-year-old daughters.

This was Chimirri two days ago, dressed in black like the gangsters he says he models himself after. I think this is his 'don't mess with me' look. According to his now sanitized Hi5 site, his favorite movies are all the Godfather and mafia-type movies. This photo was taken as he was leaving the courthouse. Photo: La Prensa, Honduras

Reader Mane tipped me off to this latest transformation. You can read Mane's scintillating and very depressing comments at the end of the article here. Mane knows the ins and outs of Honduran politics. I have no doubt about that, but this was just so far fetched that I had to check the online editions of the newspapers. Silly me. I keep forgetting that TIH − This is Honduras!

Well, there is more in the referenced newspaper articles (in Spanish), but right now, I think I'm going to be sick, so I'll just leave you with this short video of Chimirri celebrating.






If you are new to the tales of Marcelo Chimirri and the swamp of corruption in Hondutel, you can see all the articles here.

Chimirri: Rising from the swamp to the sunlight

Marcelo Chimirri, photo: Revistazo.com

Update on article: Chimirri resigns, Hondutel raided



Marcelo Chimirri's future is looking brighter. The head of the state-owned telephone company disappeared after his home and office were raided by government officials last Friday morning. Calling in to a Honduran radio show that same day, he expressed his outrage and indicated that he would resign from his government position. Chimirri also stated to the media that if he had been at home, he would have used gunfire against the authorities to defend his family.

He most recently has been accused of abuse of authority and telephonic espionage. The wiretapping charges relate to 12 taped telephone conversations between President Mel Zelaya, other high level functionaries of the Honduran government, and Chimirri, which have since been posted on YouTube by user JuanaPueblo.

Prior accusations have included involvement with grey traffic, unwarranted raids of businesses and illegal confiscation of their equipment, acceptance of bribes, sexual abuse of Hondutel employees, and threats and assault of news reporters. He reportedly still is considered a person of interest in the 1998 death of his former girlfriend, Yadira Miguel Mejía. The Arcadia report charged that Chimirri's "personal wealth has increased substantially in a very short period without the benefit of a parallel growth in visible and legitimate earnings."

In addition to threatening and physically attacking members of the media, Chimirri also has filed multi-million dollar lawsuits against several reporters and newspapers in an effort to intimidate the Honduran media. President Zelaya has had a longstanding bad relationship with the media. An outspoken radio journalist was recently murdered and other members of the media have left the country in fear of their lives.

Authorities attempted to take him into custody in La Ceiba on Friday, where he was visiting on business, but he couldn't be found. They searched for him for days and speculation was variously that he and his bodyguards had left the country, had taken refuge in the Honduran Presidential Palace, or that he had taken asylum in the Italian Embassy, since he is also an Italian citizen. Word from his attorney was that he would turn himself in on Monday − it never happened and neither did his resignation.

In the course of the hunt for Chimirri, authorities searched a luxury La Ceiba hotel and detained various bodyguards and four attractive young Colombian ladies wearing short shorts, ages 19-24, who claimed to be Chimirri's security team. Illegal arms were confiscated from these people, his home, and the hotel room where he and/or his "security team" were staying.

Things began to look brighter for him (and sadder for the country of Honduras) when President Mel Zelaya returned from Chile. In press conferences, President Zelaya says that he will not comment on the case until he gets the report from the Fiscalía (District Attorney) AND hears Chimirri's side of the story.

But in the meantime, Mel Zelaya has expressed his outrage at not being informed in advance of the planned raid on his "close friend" and "political campaign supporter", accusing the Minister of Security of wasting the time of 200 officers with this when he should be tracking down drug traffickers. Ironically, Zelaya personally filed the denuncia (official complaint) regarding the taped conversations and was reported to say that he wanted the persons responsible prosecuted and jailed.

President Zelaya qualified the raid as a brutal assault, even though officials stated that all procedures were performed in accordance with the law and that there were only 15 officers involved in the raid of Chimirri's house. Zelaya suggested that authorities merely needed to have sent Chimirri a note and he would have presented himself − a little disingenuous since Chimirri was missing in action for five days, knowing full well that the authorities were searching for him.

Today, after five days as a fugitive, he has turned himself in. He stated that he had not responded to the judges because he had other matters to attend to. In regard to the illegal weapons charge, he stated that they were the property of Hondutel, not his. After meeting with the judges today, he has been released with the provision that he report to the court every Tuesday and not leave the country.

Meanwhile, the other two Hondutel executives charged also have been released by the judges under substitute measures. While they are forbidden to return to work at Hondutel during the judicial process, apparently Marcelo Chimirri will be under no such restriction.

The judge threw out the charge of violation and revelation of secrets, saying it was a private, not public matter. The initial hearings on the charges of abuse of authority and illegal weapons are scheduled to begin on December 5. Hondutel employees abandoned their work today to protest in support of Chimirri to pressure the judges to release him. Liberal political party members are saying "To attack Chimirri is to attack the Liberal party."

After a few days of excitement, it's back to business as usual in Honduras, where the poor go to jail while the rich and powerful sit back and laugh at the judicial system.


More information on Chimirri and the Honduras grey traffic scandal and other escapades of Chimirri can be found here. The articles include links to several newspaper articles.


Photos: La Prensa, El Heraldo, La Tribuna, links included above.

Chimirri resigns, Hondutel raided, President's cabinet asked to resign

Photos: Proceso Digital, La Tribuna, Honduras

Much is going on today in Honduras.

The Honduran state-owned telephone company Hondutel was raided this morning by DGIC agents, the investigative arm of the Ministerio Público (similar to the FBI according to Aaron). Employees were evicted from the premises while the agents confiscate computers and other evidence.

I don't know what possessed me to turn on the local TV channels this morning. I must have a sixth sense! I never turn on the TV in the morning, but when I did today − what excitement! Although they have been talking about this issue all day, officials haven't given much concrete information to the press.

Hondutel has been the subject of tens of thousands of denuncias (official complaints) over the years, including most recently credible charges that Hondutel management is involved with tráfico gris (illegal phone traffic) to the tune of hundreds of millions of dollars in loss of revenue to the country. My article, Part 3: Swamp of Corruption in Hondutel includes a list of articles (both mine and newspaper) with background information.

While Marcello Chimirri, head of Hondutel, was in La Ceiba today, his luxurious home in Valle de Angeles near Tegucigalpa and his Hondutel office were raided. His computers, guns, cell phones, and (reportedly) telephone espionage equipment were confiscated. During the day, he resigned from his government position. Homes of other Hondutel officials have been raided as well.

Interestingly, President Mel Zelaya, related by marriage to Chimirri, is out of the country today while all this is happening. He has been accused of being a protector of Chimirri in the past while some members of the government and other organizations have clamored for Chimirri's resignation.

Chimirri is being investigated as a suspect behind the controversial taped telephone conversations among himself, President Mel Zelaya, and other high level government officials. The 11 taped conversations (in Spanish, of course) are available from user juanapueblo at YouTube. 'Juana Pueblo' is a female version of 'John Q. Public'.

Mel Zelaya has indicated that he would like to see Juana Pueblo put in jail for exposing the illegally taped conversations. I say Hooray! for Juana and whoever provided the tapes to her. When the laws protect the criminals and the system doesn't work, as it obviously doesn't, it is time for drastic measures.

News reports are thin on facts, but some have stated that these raids are not to investigate the charges of corruption and criminal activities of Chimirri and Hondutel which have been circulating for months and years without any appearance of a serious investigation but rather to investigate the illegal recordings of government officials! If only the government of Honduras would put such efforts into combating corruption as they do in investigating those who attempt to expose it.

One of the most disappointing things to me is that in interviews of various Hondutel employees and other government officials, they say, "The raid is an abuse of authority," etc. I would have hoped that the employees, who are bound to know at least some of the corruption in this organization, would be saying "Thank God that something is finally being done about corruption!" (Reader Mane, I know what you will be saying! ;-o)

I find it so ironic that if Chimirri was involved with these tape recordings, he may fall, not from his own alleged corrupt activities, but instead from exposing the conversations of other government officials.

So many potential pitfalls could result in nothing of substance from any of these investigations. The DGIC might not find the evidence needed, they might not be capable of interpreting the evidence or of developing a solid case. Evidence frequently disappears. Police and fiscalías are often accused of compromising cases for their own personal benefit. The courts often throw out cases against 'important people' for lack of evidence or technicalities − which is often attributed to the judges being bought. The fact is that high level government officials are rarely prosecuted and never go to jail. Will we see a change this time? I'm guardedly hopeful, but realistically, based on history, probably nothing will come of it.

However, President Zelaya, in a shocking act from Chile today, requested letters of resignation from his entire cabinet, all of the directors, and managers of all the decentralized government agencies! I don't know if this is a 'show,' or if Mel is losing control.

Proceso Digital reported that one of the first to submit his resignation was Yani Rosenthal, a proposed presidential candidate, whose family was implicated in the tráfico gris scandal.

What does this mean? Is he trying to get rid of the corruptos or trying to get rid of those fighting the corruptos? Honestly, at this moment, I'm still confused about what is actually happening here.

Freedom of expression triumphs

Good news for journalists

The judges didn't take long to act and they did the right thing.

The criminal defamation cases against the two television journalists were thrown out on October 3. The three judges declared that the written complaint submitted by Hondutel contained no indication that the defendants had committed a crime. They also stated that under the penal law, the decision could not be appealed.

This being Honduras, though, journalists Renato Alvarez and Rossana Guevara went on record saying that "if anything happens to us or our families, we will put the responsibility on the persons who brought the lawsuit."

Alvarez went on to say that "when there are governments that act despotically trying to eliminate freedom of speech, that shows us that journalists should take care of themselves."

The coordinator of the National Corruption Council issued a call to President Mel Zelaya to reflect and put in order those functionaries who race to sue journalists without first investigating the acts of corruption which were indicated.

On October 4, a tribunal of three different judges declared the other cases (against the two radio station journalists and El Heraldo newspaper) inadmissible. Apparently the lawsuit against La Prensa was never filed. The judges stated that the personal interests of one person cannot be put above the public interest.

Several members of the national congress spoke out saying that freedom of expression is one of the pillars of a democratic society. Several mentioned that the law making defamation a criminal offense, as well as the new transparency law, need to be changed in order to guarantee the citizens the right to be informed. One diputado went so far as to say that "to file a lawsuit against journalists who denounce corruption only reflects the class of functionary who isn't prepared to show his innocence." The congress called for the firing or suspension of Marcelo Chimirri.



Background information:

Hondutel-Chimirri scandal
Swamp of corruption in Hondutel
Reporter claims "government persecution"

Reporter claims "government persecution"

Honduran television journalists Renato Alvarez and Roxana Guevara
Photo: La Prensa

Despite the fact that the latest Hondutel scandal has been reported in at least three countries and by all the Honduran newspapers, Marcelo Chimirri, gerente of the government-owned telephone company, has instigated criminal charges against two television and two radio journalists and the editors of Honduran newspapers La Prensa and El Heraldo (in Spanish) for merely reporting on the denuncias (official complaints) which were reported by El Universal of Mexico and later by CNN en Español.

Provisions in Honduras Penal Code on defamation-related offenses known as “crimes against honor,” such as injuria (offensive or insulting words or actions), treat such matters as criminal, rather than civil, cases.

Uh oh!

La Prensa called it a wave of intimidation. Roxana Guevera, one of the television journalists, said, "This is persecution on the part of the government; I feel persecuted because all of the media of the country as well as international media (and one blogicito!) reported this and only we (one television station and one radio station) have been filed against." She believes that the government could be covering up things that as yet haven't been brought to the public light.

Guevera says that the government should be starting a independent audit to verify the charges of irregularities. She also says that despite the denuncias, the government has not proceeded against Cable Color as they have against other companies who have been accused of grey traffic.

Renato Alvarez, another well-respected television journalist who was filed against, said that criticisms are publicized by the media in industrialized countries and the government institutions don't react with lawsuits. "When they don't refute the charges with proof, or don't go directly to the investigators, it is a bad symptom that things aren't working well."

The director of Radio Cadena Voces, Dagoberto Rodríguez, said they are going to file complaints with Honduras' National Human Rights Commission and the Interamerica Press Association for the increased intimidation against reporters. In his opinion, the Executive Power is looking to put up a barrier so that complaints of corruption are not reported.

Elán Reyes, President of the Press Association of Honduras, claimed that the government is trying to "bury the freedom of the press. (Spanish) The association is highly alarmed about these lawsuits....which have only the objective of intimidating and violating the freedom of press." He invited the government, instead of filing lawsuits, to open the doors of the institution in question to realize the investigations after so many complaints of irregularities.

Reporters without Borders condemns the wave of press freedom violations in Honduras, citing shooting, threats, personal attacks, and lawsuits as attempts to gag the press. In April 2006, a television reporter was fired for merely reporting that three of Santa Rosa de Copán's city councilmen had voted against a measure. Local, national, and international pressure resulted in her receiving an apology and her job back a few weeks later. Hondurans have the right to vote but apparently don't have the right to know how their elected officials vote in matters important to them.

C-Libre, the Committee for Freedom of Speech, documented 40 violations, including one murder, in their 2006 report on the Right of Information and Freedom of Speech. The International Press Institute's 2006 report of World Press Freedom states that Honduran journalists exercise self-censorship in the light of pressure from their employers.

In April 2007, President Mel Zelaya tried but failed to get the Congress to pass a law preventing the press from reporting violent acts. In May 2007, Zelaya forced television and radio stations to broadcast government propaganda in several planned sessions during which all other programming was not allowed to air. In July 2007, Marcelo Chimirri filed a L.500 million lawsuit (US$26.5 million) against Honduran newspapers La Prensa and El Heraldo for reporting on claims of corruption in Hondutel.

Today's El Heraldo editorial states it is lamentable and shameful that just days after our country descended into the dishonorable first place of corruption in Central America according to Transparency International, that instead of launching an offensive against the corrupt, journalists and the mass media are being victims of a campaign of intimidation. The mass media not only has the right, but the obligation, to bring to light a matter that is of interest to all the Hondurans.

These actions also put Honduras in violation of international treaties (Spanish) which stipulate that "every individual has the right to the liberty of opinion and of expression; this right includes that of not being molested on account of his opinions, the right to investigate and receive information and opinions, and that of diffusing them, without limitation of borders by any medium of expression".

The culture of government secrecy and intimidation is a hard habit to break. My opinion is that the media is Honduras' only hope of turning back corruption as the international aid organizations only pay lip service and continue to fill the trough that the corruptos feed from with hundreds of millions of dollars each year even though they know that large portions of the aid do not go to the areas for which they are intended. Blogger Aaron and others believe that the key to stopping corruption in Honduras is to stop international aid.

Vilma Morales, President of the Supreme Court of Justice, has asked that Honduran society have confidence in the system of justice. She says that while she can't comment on the cases, the right of freedom of expression and the right of free press are fundamental human rights guaranteed by the constitution of Honduras.

Hopefully that right isn't limited to only happy, pretty, approved speech.