Juan Orlando Hernandez Found Guilty

Narco-trial Update #11: “There is No Line Between Regular Business and Trafficking,” Says DEA Agent About Honduras

https://www.hondurasnow.org/narco-trial-update-11-there-is-no-line-between-regular-business-and-trafficking-says-dea-agent-about-honduras/

Link to previous summaries of the trial

https://www.hondurasnow.org/category/daily-trial-summaries/

For the ‘Putting the U.S. and Canada on Trial’ campaign updates, go here.

Facebook live recording….

https://fb.watch/qkB-DqmFma

Day Two-opening remarks and two witnesses

Opening remarks (by both the prosecution and defense) (see a detailed summary of the opening remarks below).
Two government witnesses testified: A Honduran accountant, José Sánchez (a pseudonym) and cooperating witness Alexander Soriano Ardón, the former mayor of El Paraíso, Copán.

Key Details that Surfaced

Former Attorney General (AG) Oscar Chinchilla was mentioned. Sánchez mentioned that he gave audio or video evidence of JOH’s meetings with Geovanny Fuentes Ramirez (now a convicted drug trafficker) and Sánchez’s boss, Fuad Jarufe (deceased), to Honduran prosecutor, Marlene Banegas. Sánchez said today that Banegas told him that she gave the evidence to then Honduran Attorney General, Oscar Chinchilla and two months later, Banegas was killed.
The Honduran military and police were mentioned several times for their involvement in protecting drug shipments and drug traffickers.

Opening Remarks

For the prosecution, David Robles:

“This is a case about power, corruption, massive amounts of cocaine, about a man that stood at the center of all, the former President of Honduras, Juan Orlando Hernandez, the defendant. For years, he worked with the largest, most violent drug traffickers in Honduras and sent tons of cocaine to the United States. Traffickers fueled his rise to power with billions of dollars. In return, he abused his power, the police, military, and justice system to protect that power. Because he did this, he is being charged. That is why we are here.

I am going to talk about: 1) What evidence we will show; 2) How the government will show he is guilty.

Honduras sits at a crucial location of the international cocaine trade. Most of the cocaine produced in the United States is produced in South America, moves through Central America, like in Honduras. Honduras is a country that cocaine is transported through. Cocaine that passes through there, ends up in the U.S. It causes violence and leaves corruption in its wake. It’s a lucrative, dangerous business.

Drug traffickers spent a lot of money bribing people in Honduras to transport drugs – police, military, and people that were willing to abuse their positions for their own gain.

Juan Orlando Hernandez was a Congressional representative that rose to the top of the Honduran government. How? Drug traffickers bank-rolled his political campaigns with millions of dollars. Violent drug traffickers did this, like his brother, Tony Hernández. Drug traffickers murdered their rivals and used heavy weapons. They bought votes, took over polling stations, bribed politicians and worked with the Sinaloa cartel that contributed millions to their campaigns, and worked with the MS-13, a violent gang to conduct their drug trafficking.

This relationship fueled the rise to power of the defendant from 2010 to 2022. The defendant held two powerful positions in Honduras – the President of Congress and President. He abused these positions. He used the military and police to protect shipments of cocaine, protected them from arrest, and extradition to the U.S. to face criminal charges. Protection that allowed drug traffickers to traffic cocaine.

This partnership worked so well because of JOH’s powerful position. And at the same time, he had to maintain a public position of toughness and legitimacy, like passing laws. But behind the scenes, he was protecting drug traffickers and trafficking cocaine.

The evidence will show that. The defendant spent years doing that and used weapons to commit these crimes.

There are two types of evidence in this case, 1) Testimony, 2) Documents – electronic, emails, and calls. You will hear from:

An accountant that witnessed meetings with JOH and violent drug traffickers and how he promised protection from the police and military. And he bragged that he would “shove the drugs right up the nose of the gringos.”
Expert witnesses to contextualize the case – DEA agent that will describe cocaine, the price in the U.S. and its profits along the way;
An expert about machine guns;
We will also hear from the largest, most violent drug traffickers – JOH’s own associates. They will provide one of the most unique perspectives in the world. Such as:

A former mayor who shipped massive amounts of cocaine with Tony Hernández and how he helped buy votes.
Former members of the Sinaloa cartel that contributed millions to JOH’s campaign and how military and police protected trucks filled with cocaine as it moved to the U.S.
A witness will describe how important it was to have JOH’s support.

These witnesses have committed horrible crimes. They entered into agreements with the government. They have committed violent crimes, but these are the people that JOH decided to work with. Only people he worked with, can tell you how the defendant committed his crimes.

You won’t approve of these people, but the question is whether you believe their testimony.

You will also see:

Testimony of law enforcement
Notebooks used by drug traffickers.
Payments that JOH made to them.
Contact lists – drug traffickers had JOH’s number because he was available to them.
Pictures of cocaine, guns, and the defendant himself arm-to-arm with notorious drug traffickers and corrupt officials.

Evidence in the trial will involve corruption, cocaine, and violence. At the heart of the drug conspiracy was JOH, who abused his power for years to traffic drugs.

At the end, we will speak to you again after the evidence is presented.

We ask you to remember three things throughout the trial:

Pay close attention to the evidence.
Follow Judge Castel’s instructions.
Use your common sense.

And you will find that JOH is guilty of the crimes he is accused”. END.

******

For the defense, Renato Stabile:

(Stabile displayed a PowerPoint presentation).

““Hell is empty, and all the devils are here.” That was written by Shakespeare in The Tempest, and I promise you, in this case, all devils will be here in this courtroom.

You will hear from government witnesses that have killed so many people. The number is so high that if you look around the courtroom, the number of people they have killed is more than all that are sitting here. When they get up on the stand, think about that.

Some have killed 78 people; they are facing life. Others 56. Some have tortured and killed children. These are depraved people, psychos, and people not willing of your trust. When the government comes to you to declare this man, Juan Orlando Hernández, guilty, please remember what they are and what these witnesses have done.

My name is Renato Stabile and Mr. Colon and I, represent Juan Orlando Hernandez. In the next few minutes, I will discuss what the evidence in this trial will show and then, what it won’t show.

Who is Juan Orlando Hernandez? He was the President of Honduras, and the President of Congress. He has a Masters degree from Suny, Albany. He has a JD from a university in Honduras. He is married, has four children, and he is one of 17 siblings from a small town in Gracias, Honduras.

In 2013, Honduras was the murder capital of the world. There is no dispute about this. It has a population of approximately 10 million people, like the population of NYC. But it had dozens of murders per day. 80% of the drugs from South America landed in Honduras. Honduras is beautiful. It has the Caribbean on one side. It should be a tourist destination but there was so much violence.

JOH ran for President because he wanted to deal with the violence. As President, drug trafficking was reduced, violence went down, and people were going to jail, and people started to get extradited. Under JOH, the murder rate went down. 80% of drugs passing through Honduras was reduced.

How did JOH do it? He didn’t take bribes. He did not sit down with drug traffickers. Instead, he stood up to them. And they wanted to murder him for that.

What did he do to achieve this? I will go through the evidence about the steps he took and the man that enacted important laws. You will see all the bills he passed, how he froze assets, reformed police forces, created task forces, and worked with the U.S. State Department, Treasury, the Justice Department, the DEA, etc. He worked with them to take down these drug traffickers.

The government says this is all smoke and mirrors and its fake. The evidence is not fake. The legal standard in this case is that they must show beyond a reasonable doubt. Even if it gets up to the line of reasonable doubt – the government must prove beyond a reasonable doubt.

What did he do? He extradited people to the U.S., major drug traffickers from Honduras. The U.S. asked Honduras to extradite 24 drug traffickers and he agreed to every single case. Out of 24 extradited, 21 were arrested. Some fled from Honduras into the arms of the United States and cut deals.

The evidence will show it, and most importantly, pay attention to what it doesn’t show.

There are no recordings of JOH with drug traffickers, no text messages with drug traffickers; no emails; no bank records of money going into his account; and no signs of wealth. You will see witnesses in the courtroom who have cut a deal with the government.

[Put pictures of drug traffickers, amount of cocaine, murders committed on the screen].

You will see Leonel Maradiaga Rivera – 78 murders, 130 kilos of cocaine. Javier Rivera – 48 murders, 130,000 kilos of cocaine, etc. etc.

The government will show you evidence about people talking about JOH. But he was the President, not just some random person. Some texts will refer to JOH, some are hard to understand. It will be like a giant game of telephone. Is it gossip what they are saying? Or real information?

There will be lots of photos of drugs, weapons, photos of JOH with people. You will see lots of pictures of different people. Photos from public events with people.

You will see a brick of cocaine with ‘TH’ on it. The witness will say that ‘TH’ is Tony Hernández. But you should know that drug traffickers will stamp their cocaine with brands with names like Gucci, Prada, etc. etc.

You will see machine guns with JOH’s name and title. This will be presented as evidence in this case. You won’t hear that he uses it or runs on the streets using machine guns.

You’re going to hear a lot about how witness cooperation works. This happens when:

A proffer: This is an audition. It’s when drug traffickers meet with the government multiple times. If the government likes what they hear, they give them ->
A cooperation agreement. And then ->
The witnesses will give their testimony in cases. This is when it’s show time. They will get on the stand and swear on the witness stand. If they provide substantial assistance, they get a 5K letter.

What is a 5K letter? The 5K letter is what they need to: Not die in jail. It’s a way to get out of jail. Most of them have mandatory sentences. Once they get a 5K letter and it’s time for sentencing, the government is going to tell the judge that they have a 5K letter.

And it’s true. They could get any sentence which is up to the judge, not the government. But let’s talk about the cooperation the government has with drug traffickers. They sit down with the government and negotiate a deal with the government. Here is an example:

Some could get witness protection, not just for them, but their families. If they want the government to talk to another prosecutor’s office, the government agrees to do that. For the drug traffickers, it’s all about getting a 5K letter.

Another feature is that in the 5k letter, the drug traffickers have to agree to provide substantial assistance in the government’s case. They have to tell the truth, but the key is substantial assistance to government and the government decides whether they provided that substantial assistance or not. Keep that in mind. If they do that, they get a 5K letter, which is the golden ticket. That is what the drug traffickers are after.

When they are brought in from jail to the court, remember 3 things: How many people they have killed, their time in prison, and their golden ticket: the 5K letter.

Putting drug traffickers on the stand is not achieving proof beyond a reasonable doubt. The drug traffickers have two goals, 1) getting the 5K, 2) Revenge, because JOH signed and put in place laws that put the drug traffickers out of business.

You will also hear lots about about Tony Hernández. It’s all you’re going to hear about. You’re going to hear that Tony threw his brother’s name around and evidence that Tony gave JOH money. Tony Hernández is 10 years younger. Tony is JOH’s kid brother, and they couldn’t be more different. When Tony was 10 years old, JOH was married and out of the house.

I expect that you will hear evidence about how his election was stolen. Does that make sense? What about the details of that? What about the evidence?

You can’t just say the elections were stolen without evidence.

We will be together for a few weeks. After seeing all the evidence, use your common sense. Use your New York City-street common sense. You will know that what was given to you as evidence are angry drug traffickers that are trying not to stay in jail.

For these reasons, you will find that the defendant, is NOT GUILTY.” END

Day Three- confessed drug trafficker, ex-mayor, Alexander Ardon continues on the stand

Left to right: Renato Stabile, one of JOH’s defense attorney and JOH. February 21, 2024. Court sketch: Reuters.

Alexander Ardon Soriano or “Chande”, the government’s cooperating witness, confessed drug trafficker, and former mayor of El Paraíso, Copan, Honduras continued on the stand all day.

Key Details That Surfaced

Ardon described his role in the drug trafficking conspiracy. He transported cocaine for ‘El Chapo’ Guzman and the Sinaloa cartel, and purchased cocaine from Tony Hernández to traffic into Guatemala.
Trafficking for/with El Chapo Guzman and the Sinaloa cartel: Ardon first met with ‘El Chapo’ Guzman in 2007.
- Ardon was present in a 2010 meeting with ‘El Chapo’, JOH and others in Guatemala City to discuss security for El Chapo’s shipments. Ardon requested Tony Hernández’s help with securing these shipments. After this meeting, the relationship (Tony Hernandez designating security for shipments, selling cocaine to Ardon, and Ardon helping with transportation for Sinaloa cartel) grew.
- In 2013, El Chapo met with Ardon and other drug traffickers in El Espiritu, Copan. In that meeting, El Chapo offered to provide $1 million for JOH’s campaign. Tony said he would discuss it with JOH, and later confirmed to Ardon that JOH wanted the money. El Chapo would later provide hand the $1 million to Tony in another meeting in 2013 held on Ardon’s mother’s property.
Introduction to drug traffickers and drug trafficking organizations: Ardon provided an important overview of the different drug traffickers and drug trafficking organizations that formed part of the conspiracy in which JOH is accused of being apart. Ardon described several meetings, alliances (getting together to kill enemies, traffic drugs, etc), and discussions between JOH’s brother Tony Hernández, JOH, former President Porfirio Lobo, Mexican drug trafficker ‘El Chapo’ Guzman, the Valle Valle brothers, Wilter Blanco, Mario Calix, Mauricio Hernandez Pineda “primo” , Ronaldo and Otto Salguero, Los Cachiros, his brother Hugo Ardon, ‘Don Armando’ amongst others. His multiple descriptions painted an extensive and complex relationship between Honduran politicians/drug traffickers and cartels that operated across borders and in unison dating as far back as 2005.
Ardon provided one good example of how JOH was a central person in the conspiracy in Honduras and described some of the dynamics between JOH and his brother, Tony: Even though Tony Hernández frequently met with drug traffickers and coordinated political campaign donations for JOH, Ardon described how he told JOH that the Valle Valle brothers were threatening mayors and had murdered some (one?) in Copan. JOH said he would arrest the Valle Valles. Ardon asked JOH to not inform Tony Hernández out of fear of retaliation from the Valle Valles. Later, the Valle Valles were arrested in 2014 and extradited to the US. Later in a meeting in the Fondo Vial office in Tegucigalpa between Tony, JOH, Hugo Ardon, and Ardon, Tony Hernández told JOH that El Chapo was inquiring about why the Valle Valles had been extradited. JOH said it was because they tried to kill him. Tony then reminded him that El Chapo had provided $1 million for JOH’s campaign. When Tony said this, JOH got angry, responding that he had no obligation to anyone, and left the meeting.
Ardon described how he explained to Tony Hernández in 2011 a problem he was having with a drug rival named Franklin Arita. Tony told Ardon that he would have Arita killed and would ask ‘El Tigre’ Bonilla, the then Chief of Police of Copan to kill him. Later, Bonilla was promoted to Chief of Police.
Electoral fraud in 2005, 2009, 2013 and 2017 with bribes, threats, and commitments to drug traffickers: Ardon provided many in-depth details about how drug traffickers and politicians, and in particular Juan Orlando Hernández won and maintained his political power through fraudulent elections, bribes with drug money, and conspiring with drug traffickers. For example:
- In 2005, Ardon bought votes and people working at the voting tables to win his first election as mayor in El Paraiso.
- Pepe Lobo, JOH, and Ardon met in the National Party headquarters in San Pedro Sula about the 2009 elections (prior to the 2009 coup). Ardon asked them for 3 things, 1) Protect him from being investigated, 2) Give his brother, Hugo Ardon a position in Fondo Vial (the state highway infrastructure institution), 3) Pave roads in the municipality in El Paraiso to facilitate drug trafficking and easier access for citizens. In exchange, Pepe Lobo asked Ardon for $2 million to support his and JOH’s campaigns. In addition, JOH asked Ardon to speak to the mayoral candidates and Congressional representatives in Copan to help him win the elections and secure the position as President of Congress. The agreements between them were all met.
- JOH asked Ardon not to run as a mayoral candidate in the 2013 elections because the media was talking about how the Ardon brothers were drug traffickers and that they financed JOH’s campaigns. Ardon agreed. JOH also said that he would put Arnaldo Urbina, a mayor from Yoro in prison if he ran in the 2013 elections as well.
- In 2017, JOH requested $500,000 from Ardon to assist in winning the elections in Gracias, Lempira. In exchange, JOH continued to protect Ardon, who was never arrested or charged in Honduras for drug trafficking.
Ardon described his agreement as a cooperating witness including how he hopes a judge will give him ‘time served’ but that the government has not made any promises to him nor does testifying mean that he still may face a life sentence for his involvement in drug trafficking.
Mel Zelaya’s son was briefly mentioned when JOH’s defense attorney, Raymond Colon was questioning Ardon in his cross-examination. Colon asked Ardon in the same line of questioning about the murder of Julian Aristides Gonzalez, the anti-narcotics drug czar in Honduras in December 2009, “were you present in a meeting with Mel Zelaya’s son?” Ardon responded “I do not recall.” Then one of the U.S. prosecutors got up to speak with Colon at the podium, as he had several times throughout the cross-examination to help Colon clarify information. After the 10-second or so private conversation, Colon continued questioning about a different topic.
Ardon admitted to having conspired in the murders of Julián Aristides González, anti-narcotics czar, and Alfredo Landaverde, a former government advisor. Both were outspoken, key figures in denouncing drug trafficking in Honduras.

Day Four: Former Mayor Ardon Finishes on Stand. Honduran Detective Testifies.

What Happened Today

Government witness Alexander Ardon, confessed drug trafficking and former mayor of El Paraíso, Copan continued on the stand for most of the day being cross-examined then,
Government witness Miguel Reynosa (pseudonym), a former Honduran detective of the National Directorate of the Fight Against Drug Trafficking (DCLN) began to testify.

Key Details That Surfaced

Witness Ardon outlined the investments he made with the drug money he earned in Honduras. He purchased cattle ranches, houses, coffee plantations, vehicles, formed road construction companies, and “spent a lot of money on politics.”
Juan Orlando Hernández’s (JOH) defense attorney, Raymond Colon stumbled through Ardon’s cross-examination, struggling to form clear, concise, non-repetitive questions before the judge impatiently interrupted him multiple times to set him straight. Colon’s cross-examination was messy but some details that surfaced include:
- Colon tried to elicit more information about a 2009 meeting in La Ceiba where allegedly, the son of President Manuel Zelaya was present. The brief mention of Zelaya’s son on day three caused a stir in Honduras, and attempts to delve into further details leading to any substantive or damning information failed in Colon’s renewed attempt in today’s cross examination.
- Colon tried to get Ardon to admit that he had invited himself over to JOH’s home in Tegucigalpa; and that he was mad at JOH for not allowing him to run in the 2013 election as mayor. Ardon denied these claims.
Witness Miguel Reynoso, a former Honduran detective described how he and other investigators found the famous ‘narcolibretas’ or drug ledgers inside a seized car confiscated at a checkpoint in Honduras and allegedly belonging to drug trafficker, Magdaleno Meza. The prosecution showed four pages of the ledgers with JOH’s initials on them. On some of the pages, JOH’s name was written next to what seems like quantities of money.

An example of one of the four pages shown in trial from the drug ledgers that were found in Magdaleno Meza’s possession. The ledgers may directly link JOH to other Honduran drug traffickers. This is one of the pages that was revealed during JOH’s brother, Juan Antonio “Tony” Hernández’s trial in 2019.

Narco-trial Update #5: Live from New York.

February 12, 2024Karen Spring Filed Under: Narco-trial Campaign , Uncategorized

For immediate release

PRESS RELEASE

Human rights groups at the New York trial of Juan Orlando Hernández demand accountability in the US and Canada for their support of the ex-President of Honduras as he stands trial for drug trafficking.

Contacts : Karen Spring, Tel: 1-609-648-8094, karen@hondurasnow.org & Vicki Cervantes, Tel: Tel: 1-312-259-5042, victorialcervantes@gmail.com

Karen Spring, co-coordinator of the Honduras Solidarity Network (HSN) will be attending the historical trial of the former President of Honduras, Juan Orlando Hernández (JOH) starting today at the Southern District Court of New York (SDNY). To kick off our presence at the trial, Karen will be going live from the court in NYC, Monday, February 12 at 12:30 pm ET on the Honduras Solidarity Network’s (HSN) Facebook page . Karen will be available for interviews and posting updates and summaries of the trial while focusing on the role played by the US and Canada in supporting JOH and the narco-state for many years.

In the last few days, trial delays have been reported due to deliberations about the use of classified information in the proceedings. This campaign suspects that JOH’s attorneys seek to introduce evidence and/or testimony on the close relationship and collaboration of JOH with US agencies like the CIA, FBI, DEA, State Department, etc., arguing that he could not have been trafficking drugs while he was ‘our guy’ in Honduras. The government has responded that “this trial is about Juan Orlando’s actions, not the US Government’s conduct in foreign operations and relations” (Doc. 639-1, p. 47).

The ‘Putting the US and Canada On Trial’ campaign aims to hold the US, Canada and the ‘international community’ accountable precisely for the conduct of our foreign operations, relations and support for the Honduran state, military and police despite repeated warnings of the human rights and migrant crisis following the US and Canada-backed 2009 military coup.

Once a staunch ally of the United States and Canada, JOH and his government received significant international political and economic support from both countries. In return the US and Canada benefited from JOH’s policies and power. The US extended its military bases, militarized the country and sold arms to Honduras. It also gained corrupt partners for its disastrous and failed drug war. Meanwhile, Canada signed a Free Trade Agreement with Honduras, expanding its mining and textile interests. Both countries relied on Honduras’ support in the Lima Group to assist in the attempted overthrow of the Venezuelan government.

From 2009 to 2022, both countries looked the other way as JOH’s government and the Honduran military and police trafficked cocaine. JOH is even alleged to have said he would “stuff cocaine up the noses of the gringos,” and he has committed countless acts of scandalous corruption and human rights abuses in the name of the War on Drugs, citizen security, and stopping migration. The US and Canadian recognition of the coup and the governments it spawned is a major root cause of the tens of thousands of Hondurans who fled the narco-state for sanctuary in the United States.

For all of these reasons, our campaign demands:

The declassification of documents pertaining to US and Canadian involvement in the 2009 Honduran coup and subsequent administration of Porfirio Lobo and Juan Orlando Hernández (JOH).
Congressional and Parliamentary investigations or inquiries of US and Canadian support for the 2009 coup and post-coup governments in Honduras.
Reparations for the Indigenous victims of the DEA-led Ahuas massacre in consultation with the victims and their representatives.
An immediate end to US opposition to progressive reforms that address the root causes of migration that roll-back the post-coup policies in Honduras.
Drop support for ISDS clauses in trade agreements in Honduras that allow US and foreign companies to sue the Honduran state. This includes claims that arise from odious investments made by US companies under the JOH dictatorship.

XXX

Narco-trial Update #4: The U.S. & Canada Supported Three Contested & Fraudulent Elections (2009, 2013, 2017).

February 10, 2024Karen SpringFiled Under: Narco-trial Campaign

Since 2009, the U.S. and Canadian governments recognized and legitimized three contested elections in Honduras, calling them “peaceful”, “transparent”, and “fair.” As President Juan Orlando Hernández (JOH) goes to trial in New York, U.S. prosecutors highlight how each election further entrenched the narco-state, were funded by drug money, giving JOH and his cartel more power. Despite clear evidence over 12 years of a human rights crises, corruption scandals, and fraudulent elections, the U.S. and Canadian governments maintained their support for Honduras’ ‘democratic’ institutions, further empowering JOH and his drug trafficking allies.

“You see, in 2005 the defendant’s National Party lost the presidential election and they vowed to never let that happen again. To increase his own power and the power of his family, the defendant [Tony Hernández, JOH’s brother] helped funnel millions of dollars in drug money into the National Party campaigns. They did that for the elections in 2009, 2013, and 2017” – Emil J. Bove, U.S. Attorney for the Southern District of NY (Doc. 113, p. 6).

Below: A summary of each election; the warning signs; words from U.S. prosecutors about the significance of each election in entrenching the narco-state; and the post-electoral responses from the U.S. and Canadian governments in 2009, 2013 and 2017.

The 2009 elections

Were held five months after the U.S.-trained military overthrew President Manuel Zelaya.
Juan Orlando Hernández (JOH) became President of Congress and Porfirio Lobo Sosa, President of Honduras.

The U.S. and Canada ignored the human rights situation and warnings from the OAS & U.S. Congress.

All candidates that opposed the 2009 coup d’état withdrew their participation in the elections.
Up until a month before the elections, constitutional rights in Honduras were suspended. In the coup’s aftermath, state repression caused 21 political assassinations, and over 3,000 people were illegally detained by state security forces.
Honduras remained suspended from the Organization of American States (OAS) which “strongly condemning the coup d’état in Honduras and demanded the immediate and unconditional return of President José Manuel Zelaya Rosales to his constitutional duties” describing a “break-down of constitutional order” and that “no government arising from this unconstitutional interruption will be recognized.”
U.S. Congress woman Jan Schakowsky described to the Honduran press: “a serious deterioration of human rights in Honduras since the coup” including the “complete violation of the fundamental, democratic principle of freedom of the press” on November 12, 2009.

June 28, 2009, Honduras. Photo credit to: Orlando Sierra/AFP/Getty Images

U.S. prosecutor’s write about the 2009 electoral campaign:

“Juan Orlando and Pepe Lobo worked together to obtain $2 million in drug trafficking proceeds for their respective campaigns” (Doc 554, p. 13).

“But around 2009 is when things changed, is when this conduct [drug trafficking] got even more serious, it’s when the defendant [Tony Hernández] and his co-conspirators took steps to take over the Honduran government to use it for drug trafficking.” (Doc. 113, p. 39).

These are the results of the elections in 2009. Pepe Lobo becomes president as of 2010, and Juan Orlando Hernandez, the defendant’s brother, becomes president of the congress. And at this point, ladies and gentlement [of the jury], the National party and these drug traffickers control the presidency, they control of the president of congress, which is like controlling the vice president here. And this is when the state-sponsored drug trafficking truly started, and the things that I described as astonishing began to take place” (Doc. 113, p. 41).

After the elections, the U.S. government said:

Arturo Valenzuela, Assistant Secretary of State, Bureau of Western Hemisphere Affairs, November 30, 2009:

“I would like to commend the Honduran people for an election that met international standards of fairness and transparency despite some incidents that were reported here and there.”

Thomas Shannon, senior U.S. envoy to Latin America, U.S. Assistant Secretary of State:

“the US will recognise the November 29 elections even if the Honduran congress votes against Zelaya’s return to power before the vote” as reported by Al Jazeera on November 4, 2009.

U.S. Delegation meets Honduran President-elect Porfirio Lobo Sosa in Tegucigalpa, Honduras, January 26, 2010.Left to right: Jose W. Fernandez, Assistant Secretary of State for Economic, Energy and Business Affairs; Ambassador Hugo Llorens; Dr. Arturo Valenzuela, Assistant Secretary of State for Western Hemisphere Affairs; and Porfirio Lobo Sosa, President-elect of Honduras.
Credit: US Embassy Tegucigalpa

The Canadian government said:

Peter Kent, Canada’s Minister of State of Foreign Affairs (Americas) said in a public statement on December 1, 2009.

“Canada congratulates the Honduran people for the relatively peaceful and orderly manner in which the country’s elections were conducted … we are encouraged by reports from civil society organizations that there was a strong turnout for the elections, that they appear to have been run freely and fairly, and that there was no major violence.”

The 2013 Elections

Summary: The widely anticipated 2013 elections in Honduras was an exciting moment for the country. It was the first time that the Liberty and Refoundation Party (LIBRE) would participate in an electoral process after forming years prior. The party was supported by the people that formed and participated in the the resistance movement against the 2009 coup. It was also the first time that Juan Orlando Hernández ran for President, leading his election campaign as the President of the National Congress. The elections were fraught with fraud, local election observers were threatened and locked in a hotel by armed men in the (narco-)municipality of El Paraíso, Copan. 36 candidates and their family members were murdered and 24 attacked in the six months leading up to the elections.

A month before the elections, the Military Police were sent to the streets. They quickly became known as Juan Orlando Hernández’s special police force.

U.S. prosecutors write about the 2013 election process:

“Prior to the 2013 presidential election, Juan Orlando privately solicited and accepted millions of dollars from drug traffickers and misappropriated Honduran government funds for his campaigns. Leading up to the 2013 elections, Alex Ardon [former mayor of El Paríso, Copan and confessed drug trafficker, now cooperating witness for the government] spent approximately $1.5 million in drug trafficking proceeds to bribe politicians in Copan to support Juan Orlando. Alex Ardon paid nearly every mayor in Copan in some form, and was explicit during each interaction that he was paying the mayors in exchange for their support for Juan Orlando ahead of the upcoming elections” (Doc. 554, p. 15).

The warning bells ignored by the U.S. and Canada

13 U.S. Senators led by Senator Kaine wrote in a letter to Secretary of State, John Kerry on November 13, 2013: “Hondurans prepare to go to the polls in a difficult and dangerous climate. The country suffers from elevated levels of crime and the highest per capita murder rate in the world. Fragile institutions and a besieged judiciary have done little to punish the perpetrators of the violence, encouraging a climate of impunity and undermining citizens’ confidence that their political, civil and human rights will be protected. Moreover, Honduran journalists are regularly the targets of violence and threats, and political candidates have been killed as a result of running for office. These challenges raise serious concerns over the Honduran government’s ability to conduct free and fair elections.” (For more letters from Congressional representatives about the 2013 elections, go here.)
In a Rights Action report, Karen Spring wrote November 21, 2013: “Almost a month remains until Hondurans will cast their votes in the 2013 general elections. To date and since the May 2012 Primary Elections, there have been a disproportionate number of killings and attempted killings targeting LIBRE candidates.” The report outlines that 36 election candidates or their family members were killed and 24 suffered armed attacks.

After the elections, the U.S. government said:

U.S. Ambassador Lisa Kubiske said to the Honduran press on November 25, 2013:

“The United States had 110 observers in almost all departments and what we saw was a transparent process “… the vote scrutiny is being conducted “with normality and there were few incidents of violence.”

U.S. Secretary of State, John Kerry said in a public statement on December 12, 2013:

“we commend the Honduran Government for ensuring that the election process was generally transparent, peaceful, and reflected the will of the Honduran people.”

U.S. Ambassador Lisa Kubiske with President Juan Orlando Hernández. Photo credit: PortaldelSurhn.

The 2017 Elections

Summary: The most contested and fraudulent elections in Honduras since the coup. Juan Orlando Hernández sought re-election despite the its prohibition in the Honduran Constitution. On the evening of the electoral count, Hernández’s opposition candidate, Salvador Nasralla was leading by 5% in the polls. Then the vote tally computer systems crashed and did not come back on until days later. Meanwhile, widespread protests broke out around the country denouncing the vote manipulation and an electoral fraud. State security forces began open-firing on protesters killing over 30 people. Hundreds were illegally detained. When the electoral systems came back online, Hernández was leading by a small margin. The head of the Organization of American States (OAS), Luis Almagro stated: “Facing the impossibility of determining a winner, the only way possible so that the people of Honduras are the victors is a new call for general elections.” Then the OAS electoral observation mission released a report concluding that there could be no certainty that the official results were accurate. Hernández ignored these calls and declared himself the winner.

Road blockades and protests took place for months around Honduras to denounce the 2017 electoral fraud.

U.S. Prosecutors write about the 2017 election process:

“By the time of the November 2017 elections, Juan Orlando and the National Party controlled all aspects of the Honduran government, including the HNC [Honduran National Congress], the CSJ [the Supreme Court of Justice], law enforcement, the military, the TSE [Supreme Electoral Tribunal], and the Dirección Nacional de Lucha Contra el Narcotrafico (“DLCN”) – which is the Honduran agency charged with fighting drug trafficking and is analogous to the DEA in the United States. Juan Orlando and his allies used those organizations to corruptly facilitate his re-election and eliminate dissent regarding the fraudulent results.

Prior to the 2017 elections, no president had run for re-election in Honduras because provisions of its Constitution limited individuals to serve one presidential term. In 2015, however, the CSJ– which Juan Orlando controlled– issued a ruling that declared these constitutional prohibitions on re-election inapplicable to presidential elections. The court decision, which de facto removed presidential term limits, was strongly contested in Honduras.

Juan Orlando and his allies then went on to fix the 2017 presidential election by using drug proceeds to corrupt the electoral process. In 2017, during Juan Orlando’s re-election campaign, Juan Orlando’s drug trafficking conspirators again provided millions of dollars of drug money to Juan Orlando’s campaign to ensure that Juan Orlando would remain in power and their massive cocaine operation would remain protected. Just like in 2013, Juan Orlando used that drug money to bribe election officials and manipulate the vote count to fraudulently win the election– including by shutting down the computer system of the agency responsible for counting votes” (Doc. 554, p. 22).

The warning bells ignored by the U.S. and Canada

Numerous members of the U.S. Congress expressed concern over whether the elections would be free and fair. One of the biggest warnings was the introduction of the Berta Cáceres Human Rights in Honduras Act (then H.R. 1299) on March 2, 2017 by representative Hank Johnson and 24 co-sponsors calling for the suspension of U.S. aid to the Honduran military and police.
Years in advance of the 2017 elections, the international press like the New York Times and the Guardian were reporting about corruption scandals linked to the highest levels of the Honduran government, and serious abuses of the Honduran military and police.
Before the U.S. recognized the 2017 electoral results, Senator Patrick Leahy wrote on December 4, 2017: “Even before the Honduran people went to the polls the prospects for a free, fair and peaceful election faced many challenges. The most obvious point of contention is that President Hernandez is seeking a second term, since until recently the Honduran Constitution had been interpreted to limit presidents to a single four-year term” and “[o]n Saturday, I asked the U.S. Embassy in Tegucigalpa three simple but important questions about the delays, the TSE’s tally of the votes, and the reports of shootings of protesters. It is Monday night and I have yet to receive answers. This lack of responsiveness by our government in such a time of crisis is troubling, and I hope it is not a new standard.”

After the elections, the U.S. government said:

U.S. Charge D’Affaires in Honduras, Heide Fulton visited the Electoral Tribunal (TSE). Fulton gave a statement to the press saying that the US:

“[I]s ready to work with whoever wins” and stated as quoted in El Heraldo that “we maintain a position to support a conclusion to this process in a credible and transparent manner that reflects the will of the Honduran people.” Her statements aired all over Honduran media and radio. She would later testify in 2022 to the U.S. Senate Committee on Foreign Relations: “I led the U.S. Mission in Honduras during the tumultuous period of the contested 2017 elections, where I protected U.S. interests and preserved our strategic objectives.”

The National Party representative of the TSE, David Matamoros with the U.S. Charge d’Affaires, Heide Fulton in December 2017.

The Canadian government said:

The Minister of Foreign Affairs, Minister Chrystia Freeland said in a statement on December 2, 2017:

“Noting ongoing delays in the publication of final, definitive election results, Canada insists on the need for election authorities to complete the vote count without interference. Canada also calls for calm and urges all parties to resolve any disagreement peacefully, transparently and in line with the highest democratic and human rights standards.” (To put this statement into context, see Tyler Shipley’s article).

“If the US Embassy is going to elect the president, its best if we not have them. Enough! Respect the popular vote. National sovereignty.” – In protests during the 2017 electoral fraud.

*****

For additional resources on the U.S. and Canadian role in the three fraudulent elections

Read Tyler Shipley’s ‘Canada and Honduras: Election Fraud is Only the Latest Outrage in Eight Year Nightmare’ in the The Bullet (2017) here.
Read CEPR’s ‘Dirty Elections in Honduras, with Washington’s Blessing’ (2018) here.
Read Common Frontier’s ‘Canadian electoral observers question the legitimacy of the Honduran election results’ (2017) here.
Read Kevin Edmonds’ ‘Honduran Election Results Contested by International Observers’ in NACLA (2013) here.
Read CEPR’s ‘Honduras’ Most Prominent Human Rights Expert Calls on Obama Administration to Denounce “Grave Human Rights Violations”‘ article (2009) here.
Read the Rights Action archives ‘Honduran Regime, 2009-2022, 13 years of Repressive, Open-for-global-business, U.S. & Canadian-backed Narco-Dictatorship’ here.

To follow and support the campaign

We are campaigning to hold the U.S. and Canada responsible for supporting the Honduran narco-state as former President Juan Orlando Hernández & police officers go to trial in New York on February 2024 (pending any further date changes).

Read Update #1: U.S. and Canadian support for the coup: Creating the conditions for the construction of a narco-state.
Read Update #2: Trial date change. The campaign continues.
Read Update #3: “The U.S. government’s go-to man on the war on drug trafficking” pleads guilty to drug trafficking.

Facebook: Honduras Solidarity Network & Honduras Now
X (formerly Twitter): @Hondurassol @HondurasNow
Instagram: @HondurasNow
Web: Bit.ly/NarcoTrialCampaign
Contact: karen@hondurasnow.org & honsolnetwork@gmail.com
To donate: hondurasnow.org/donate

Narco-trial Update #3: The “U.S. government’s go-to man in Honduras for the war on drug trafficking” pleads guilty to drug trafficking.

February 7, 2024Karen SpringFiled Under: Narco-trial Campaign

Five days until the trial starts on February 12 in New York. This trial is against Juan Orlando Hernández (JOH) but its also the trial of the ‘democratic’ allies of the U.S. and Canadian governments.

The Plea Deals: From Three to One Defendant. JOH Goes to Trial Alone

On February 2^nd, just 10 days before the trial state date, former President Juan Orlando Hernández’s (JOH) co-accused Mauricio Hernández Pineda (MHP) accepted a plea deal with U.S. prosecutors. Then on February 6^th, Juan Carlos “El Tigre” Bonilla also plead guilty to conspiring to import cocaine into the U.S. It is possible, although difficult to know at this point, that one or both men could testify against JOH in the trial next week. Stay tuned!

Two High-level Police Officers, Two Drug Traffickers: The US’s Go-To Man

MHP is a former high-level Honduran police officer. He also happens to be JOH’s cousin, although on several occasions JOH and his attorneys have denied such a relation. Pineda was a key ‘go-to’ guy for JOH and his brother and convicted drug trafficker, Tony Hernández. He used his position inside the Honduran police to personally escort and give protection to massive drug shipments and provide important information regarding police check points and routes to other allied drug traffickers (JOH, Tony Hernández, Joaquín Guzman “El Chapo”, etc). He received bribes in exchange for the information he provided and the shipments he protected. He also enlisted other Honduran police officers to assist him.

Similarly, Juan Carlos “El Tigre” Bonilla, a long-standing controversial figure, was the head of the Honduran National Police in 2012-2013, a Regional Police Chief in a critical drug transit area in western Honduras and a member of the Honduran police since approximately 1998. Like MHP, Bonilla helped to traffic drugs and use his position in the police to murder enemies of his drug bosses like JOH. This allegation does not seem too far off of accusations made against Bonilla in the early 2000s, when he was investigated and charged for involvement in death squads and forced disappearances of Honduran youth, while a member of the Honduran police.

Bonilla’s dark and violent history did not seem to persuade the U.S. to suspend police aid to Honduras when Bonilla was appointed as head of the law enforcement institution. The U.S. was also not persuaded when in 2014 when Honduran journalist David Romero read a testimony on his radio show on Radio Globo that placed Bonilla at the center of police death squads involved in rape, torture, and murder of drug-related enemies.

According to the Associated Press (AP) and Bonilla himself, Bonilla was the U.S. government’s go-to man in Honduras for the war on drug trafficking as the head of police in Honduras. As the AP reported over 10 years ago, Bonilla would ask for assistance from the U.S. Embassy to carry out his police duties. He bragged to the AP that he could tap people’s phones to locate possible drug traffickers by asking the U.S. Embassy for help. As the AP wrote:

“Throughout the afternoon and evening, Bonilla returned frequently to the support he receives from the U.S. Embassy for police operations. In one case, he ordered a subordinate to track a police commander with possible ties to drug traffickers. ”I want to know where he is now. Find their phones and tap them. I will ask the Embassy for help,” he said.”

When questioned about their relationship to Bonilla, the State Department said it would conduct its own investigation, writing to the AP that it was “’carefully limiting assistance to special Honduran law enforcement units … not under Bonilla’s supervision.”

How could the U.S. have limited its security assistance in 2012-2013 to specific police units in Honduras when Bonilla was head of the institution?

The ‘Putting the US and Canada On Trial’ campaign demands Congressional and Parliamentary inquiries and investigations into the U.S. role in funding, training, and coordination with state security forces and representatives like Bonilla, Mauricio Hernández Pineda, and others accused of drug trafficking and having ties with organized crime.

Additional reading

Read the full Associated Press report cited extensively in this article titled ‘AP Exclusive: Honduras chief denies death squads’ here.
Read U.S. historian Dana Frank’s article ‘The Thugocracy Next Door’ about Bonilla and U.S. support (and contradictions) for Bonilla here.
Read Karen Spring’s blog post Bonilla’s dark past here.

Key links related to relevant U.S. court documents.

Read Mauricio Hernández Pineda’s indictment
Juan Carlos Bonilla’s indictment.

To follow and support the campaign

Read Update #1: U.S. and Canadian support for the coup: Creating the conditions for the construction of a narco-state
Read Update #2: Trial date change. The campaign continues.

Narco-Trial Update #2

January 25, 2024Karen SpringFiled Under: Narco-trial Campaign

From February 5 to February 12, 2024 (with the possibility of further changes)

This week, Judge Castel changed Juan Orlando Hernández, Mauricio Hernández, and Juan Carlos Bonilla’s trial date from February 5 to February 12, 2024. Sitting in the courtroom on Tuesday dressed in a beige prison uniform with his hands and feet chained together, JOH was likely delighted by the news. He and his defense have repeatedly pushed for more time to prepare for trial.

Despite the seven-day delay and the possibility of another date change once again (see below), the U.S. and Canada on Trial Campaign continues as originally launched.

What are the reasons for the trial date change?

Juan Orlando Hernández and his defense attorney, Raymond Colon, had a few disputes during a pre-trial hearing on January 18^th. In front of Judge Castel, JOH asked for a new lawyer, alleging that he was not being adequately represented. JOH also alleged that the DEA had infiltrated his defense, his family’s Go Fund Me campaign had been removed online and was financially unable to pay for additional lawyer(s), did not have access to a laptop in prison to review his case files, and that his lawyer had not visited him enough to prepare for trial. These allegations led Judge Castel a few days later, to push the trial start date back seven days to February 12^th.
In addition to that, Judge Castel is now hearing arguments about whether to split the cases of some of the accused (there are three in total) into separate legal proceedings. Apparently, the former head of the Honduran National Police, Juan Carlos Bonilla claims that in Honduras, he was investigating both of his co-defendants and may testify and present evidence at the trial thus pitting himself against the others. This would create confusion for the jury.

Photo credit: Reuters, January 23, 2024. Juan Orlando Hernández speaks privately with Judge Castel to discuss the concerns he raised in the January 18th pre-trial hearing.

We expect by mid-next week, we may have a better sense of any future date changes. But our campaign continues forward as planned.

If you’re interested in reading the court documents, including JOH’s speech before the judge, send me an email (karen@hondurasnow.org) and I will share them. In the meantime, here is how you can get involved in putting the U.S. and Canada on trial for legitimizing, funding, and backing a narco-state.

Get involved in the campaign. Take action

Contact your local media and spread the word. Tell your local press to pay attention to the up-coming JOH trial in New York and emphasize how they should write about the U.S. and Canadian role in supporting JOH while he was “shoving the cocaine up the noses of the gringos” (JOH’s words) as the Honduran President. Send them the HSN press release and act as a contact person between the campaign and them.
Draft an op-ed and submit it to your local paper. If you want a fact checker or someone to read it over, we are happy to help out (honsolnetwork@gmail.com).
Contact your elected officials: Tell them they should also be paying attention to the trial and that an investigation of the U.S. and Canadian role in the construction of a narco-state must take place.
Read the campaign’s Launch Statement and Update #1: Creating the conditions of the construction of the narco-state. Share them on your social media platforms.
Stay tuned for actions that will be announced soon. Subscribe to hondurasnow.org for updates.

Photo credit: Reuters, January 23, 2024. The three defendants (left) from left to right: Juan Orlando Hernández, Mauricio Hernández Pineda and Juan Carlos Bonilla.

Info about the campaign

The ‘Putting the U.S. and Canada on trial’ campaign has been launched in anticipation of the trial against Juan Orlando Hernandez et al. in New York in February 2024. To watch the press conference that a U.S. and Canadian delegation organized in Tegucigalpa in front of the U.S. Embassy to launch the campaign, go to the Honduras Solidarity Network’s Facebook page.

Press release and campaign launch

Update #1: Creating the conditions for the construction of a narco state

To follow and support the campaign

NARCO-TRIAL UPDATE #1

NARCO-TRIAL UPDATE #1: U.S. and Canadian support for the coup

CREATING THE CONDITIONS FOR THE CONSTRUCTION OF A NARCO-STATE

To read the update: https://www.hondurasnow.org/narco-trial-update-1/

Stay tuned for more updates & actions. Spread the word!

Update 1, Twitter, U.S. & Canadian Support for the 2009 Coup D’état.png

CAMPAIGN LAUNCH: PRESS CONFERENCE IN FRONT OF THE U.S. EMBASSY IN TEGUCIGALPA

The ‘Putting the U.S. and Canada on trial’ campaign has been launched in anticipation of the trial against Juan Orlando Hernandez et al. in New York on February 5, 2024. To watch the press conference that a U.S. and Canadian delegation organized in Tegucigalpa in front of the U.S. Embassy to launch the campaign, go to the Honduras Solidarity Network’s Facebook page. You can also find the press releases and Honduran press coverage of the launch here.

TO FOLLOW AND SUPPORT THIS CAMPAIGN:

Facebook: Honduras Solidarity Network & Honduras Now

X (formerly Twitter): @Hondurassol @HondurasNow

Instagram: @HondurasNow

Web: Bit.ly/NarcoTrialCampaign

Contact: karen@hondurasnow.org & honsolnetwork@gmail.com

To donate: hondurasnow.org/donate

Press Conference : Juan Orlando Hernandez, Canada and US on Trial

U.S. & Canada Delegation to Honduras Launches Campaign to Indict the United States and Canada as Co-Conspirators in the Narco-Trafficking Trial of Juan Orlando Hernández (JOH)

Human Rights & Community-based organizations call for public investigations & inquiries regarding U.S. and Canadian support for Juan Orlando Hernández & the coup as the former president goes to trial on February 5, 2024

FOR IMMEDIATE RELEASE

January 10, 2024

Members of a ten-day US/Canada delegation hosted by the Cross Border Network of Kansas City and the Honduras Solidarity Network of North America have investigated how their two nations prioritize protecting the political, economic, and military interests of their governments and corporations over the rights and interests of the Honduran people. The delegation visited communities affected by mining and land grabbing, met with labor movement activists, and spoke with US, Canadian and Honduran officials and found that the continuing poverty, inequality, and dispossession of the Honduran people result from the crimes of the narco-dictatorship that ruled Honduras since the U.S. and Canadian-supported coup in June 2009. Since then both the U.S. and Canada have covered up and lied about their “democratic” ally Juan Orlando Hernandez who they knew was trafficking drugs for years.

Since the restoration of democracy with the election of Xiomara Castro as Honduras’s first woman president, both countries continue to interfere in the attempts of the Castro government to undo the damage done by the narco-dictatorship or to pass reforms that help to ameliorate the spirit-killing poverty of the majority of the population. Instead, they exacerbate problems. The delegation found that extractive industries like mining in Guapinol, the loss of sovereignty as in the CAFTA-imposed ISDS tribunal on the $10.7 billion ZEDE Próspera suit against Honduras, the dispossession of campesinos in the Aguan Valley and Garifuna communities along the north coast, and Canada’s praise for textile company Gildan which has closed a factory, violating injured workers’ rights all benefit multinational corporations while failing to solve the deep issues of inequality in Honduras. These companies benefitted economically from the coup and continued doing business to their own profit and benefit under the narco-state.

The U.S. is now seizing the opportunity of the trial of Juan Orlando Hernández and his cronies, including the former head of the national police and a family member of Hernandez to whitewash their own complicity in the narco-dictatorship from 2009 to 2022. It is obvious that those being tried could never have committed the dreadful crimes they are accused of without being enabled by the U.S. and Canada in exchange for favorable treatment for the U.S. military, its drug war and for North American corporations.

For all these reasons, the Honduras Solidarity Network and its members are launching a campaign and will present evidence of the complicity of the two nations during the trial. The campaign will take place before, during and after JOH’s trial in New York that begins on February 5.

The campaign demands:

1. The declassification of documents pertaining to U.S. and Canadian involvement in the 2009 Honduran coup and subsequent administrations of Porfirio Lobo and Juan Orlando Hernández (JOH). This includes detailed information about DEA operations in Honduras and the full extent of U.S. and Canadian support, training and funding for the Honduran military and police forces.

2. Congressional and Parliamentary investigations or inquiries of U.S. and Canadian support for the 2009 coup and post-coup governments including human rights violations committed by Honduran state forces and whether U.S. and Canadian officials acted negligently and/or lied to cover-up electoral fraud, violence, and other abuses during and following the coup.

3. Reparations for the Indigenous victims of the DEA-led Ahuas massacre in consultation with the victims and their representatives.

4. An immediate end to U.S. opposition to progressive reforms that address the root causes of migrations that roll-back the post-coup policies in Honduras.

5. Drop support for ISDS clauses in trade agreements with Honduras that allow U.S. and foreign companies to sue the Honduran state. This includes claims that arise from odious investments made by U.S. companies under the JOH dictatorship.

Honduras Delegation January 3-11, articles and upcoming campaign.

Good-day and Happy Holidays to the past contacts and supporters of the Simcoe County Honduras Rights Monitor.

Some members of our committee will be joining a delegation to Honduras in the new year.

HONDURAS SINCE THE DICTATORSHIP: SOCIAL MOVEMENTS AND U.S. INTERVENTION

The purpose of the delegation is response to 2021, when the Honduran people in an overwhelming vote threw out the US-backed narco-dictatorship that had ruled since the 2009 coup.

At last, the Honduran people hoped they could chart their own course, independent of both oligarchs and the U.S. But now after almost two years, the new government of Xiomara Castro is caught in a vice between the Honduran elites and foreign investors backed by the U.S. and its allies.

This delegation will investigate the role of the U.S. and Canada in protecting foreign corporations and pressuring the government of Honduras to protect and align with U.S. and Canadian priorities often at the expense of the interests of Honduran workers and campesinos, democracy and justice.

We would like to inform you of our findings and include updates starting with the following article and announcement of an upcoming campaign.

1. Government Reforms Face Corporate Backlash in Honduras

2. U.S. and Canada-backed Narco-State on Trial in New York

Best,

Christine Nugent

Simcoe County Honduras Rights Monitor

Government Reforms Face Corporate Backlash in Honduras

As President Xiomara Castro’s administration works to mitigate the fallout of the post-coup years, transnational companies are lining up to sue the state for lost profits.

Published in: NACLA Magazine: Winter 2024. See full issue

Seven men, all dressed in suits, gathered at an undisclosed location in Honduras, sitting around a table covered in a white tablecloth and decorated with small glass vases holding yellow flowers. At the head of the table sat Roy Perrin, the deputy chief of mission at the U.S. Embassy in Tegucigalpa, and to his right sat investor Erick Brimen, the CEO of a project known as ZEDE Próspera. A social media post about the meeting on X from the U.S. Embassy referenced the “investment climate” and “legal guarantees” for investors. In reality, the men were meeting to discuss one of the most controversial projects advanced in Honduras under previous administrations, including that of former president and accused drug trafficker Juan Orlando Hernández (JOH).

The meeting took place on September 29, 2022, just 13 days after three U.S. companies involved in ZEDE Próspera notified the Honduran government that they would seek international arbitration under the Central America-Dominican Republic Free Trade Agreement (CAFTA-DR). A few months later, in December 2022, the three companies filed a $10.8 billion case against the Honduran state. Like other trade agreements, CAFTA-DR allows investors to sue states for monetary damages stemming from government decisions that could negatively affect corporate investments. The arbitration suit is based on claims that President Xiomara Castro’s decision to overturn the laws that gave birth to the Economic Development and Employment Zones (ZEDEs) allegedly threatened or eliminated ZEDE Próspera’s ability to return a profit.

And while ZEDE Próspera’s visit to the U.S. Embassy in Tegucigalpa would not per se impact the arbitration suit, the ZEDE investors were looking for ways to bolster their case and credibility. Given the U.S. Embassy’s powerful influence in Honduras and its growing critique of Castro’s policies in the name of defending the pro-business status quo, the Embassy was one of the most strategic places for them to seek support.

Minor Reforms and Increasing Opposition

After more than a year and a half in office, Castro, the first woman president of Honduras, is con- fronting an increasingly well-organized national and foreign challenge to her government’s power and political platform. In the first year of her administration, the U.S. Embassy vocally showed its disapproval for initiatives that sought to undo the worst excesses of the governments that ruled the country following the 2009 coup. As opposition grows, the government has been weakened and undermined by what President Castro has called “the eternal enemies of democracy and a few rotten allies.” Although Castro has made no specific reference to the role of the U.S. Embassy in these efforts, inside Honduras there is little doubt that Washington supports opponents of the democratically elected government and continues to help fund elements of the growing national opposition. For instance, USAID has maintained support to the tune of $1 million per year for the vocal public-private National Anti-Corruption Council (CNA), which Castro’s government has called “an accomplice that remained silent” in the face of corruption during the post-coup years.

Despite the U.S. government’s stated commitment to addressing the root causes of migration, on the ground in Honduras its policies continue to oppose even the smallest reforms that threaten the economic interests of foreign companies and wealthy individuals. In 2022, Washington publicly criticized President Castro’s new Energy Law, formally called the Special Law to Guarantee Electricity as a Common Good for National Security and as an Economic and Social Human Right. The U.S. ambassador to Honduras, Laura Dogu, and the U.S. State Department claimed that the law creates uncertainty by impacting foreign investment and eliminates private trade in energy.

According to Grahame Russell, director of the U.S.- and Canada-based human rights organization Rights Action, U.S. opposition to the Castro administration is similar to that faced by other progressive governments in Latin America. “All governments, including Castro’s, make mistakes,” he said. “But no one can doubt the little wiggle room that the Castro administration and their proposed policies have before the wealthy elite and their allies, the U.S. and Canadian governments, try to stop and undermine them.”

While the United States worries about how the Energy Law affects investment, the Honduran government argues that the legislation is beneficial for Honduras’s poor majority. The law, which entered into force in May 2022, seeks to renegotiate energy generation contracts, expecting to save the Honduran state an estimated $23.5 million while providing energy subsidies to approximately 1 million Honduran households.

The renegotiation of contracts is much-needed— the state currently pays an exorbitant price per kilowatt to private energy generation companies. Most contracts were granted and signed when accused drug trafficker JOH was in office as president or head of the National Congress. Extensive corruption and illegal procedures surround at least a dozen of these contracts, according to Honduran organizations like COPINH and the Center for Stud- ies for Democracy (CESPAD). Importantly, some of the major problems associated with the projects include human rights abuses and the companies’ failure to consult local communities affected by dam and solar energy initiatives. In short, the contracts have unloaded the increased cost of energy on poor Honduran consumers.

Corporate Collusion with a Narco-Mafia State

After the investors behind ZEDE Próspera presented their $10.8 billion case (almost two-thirds of Honduras’s annual budget), several other foreign companies followed suit. As of early October 2023—10 months since Próspera’s filing— eight other companies had submitted claims against the state of Honduras. That number does not include threats from others to present claims in the future or the few cases that had been filed against Honduras prior to Castro’s inauguration.

The impact of investor-state dispute settlement (ISDS) mechanisms sends a strong and chilling message. In the case of Honduras, between the United States’ strong messaging about President Castro’s policies impacting the “investment climate,” and a slew of ISDS claims filed against the state, the message is clear. If the government makes changes to the pro-business, narco-dictatorship’s policies, the global political and economic structures will seek compensation, working with all the tools at their disposal to limit the administration’s ability to make reforms. In other words, by undoing odious investments—to borrow the term “odious loans” from the debt justice movement—political leaders will be subject to political backlash, international shaming, and large fines. Alternatives will not be permitted.

According to Jen Moore, associate fellow with the Global Economy Program at the Washington-based Institute for Policy Studies (IPS), ISDS are neocolonial and extractivist at their core, and undermine national sovereignty of both governments and peoples’ local struggles. “[ISDS cases] are part of the architecture of impunity with which transnational corporations, mostly from the Global North, seek to profit wildly and maintain their control over the natural commons and the economy, especially in the Global South,” she said. The mere threat of having to make a million- or billion-dollar payout to law firms or corporations is just one component.

The cases are a significant impediment for territorial defense struggles and the sort of changes that Hondurans envision for the future of their communities and country, added Moore.

As of early October 2023, the pending ISDS claims against Honduras are related to real estate, energy generation projects, highway and airport construction, finance, and last but certainly not least, ZEDEs. Although information surrounding all cases—as listed on the World Bank Group’s International Centre for Settlement of Investment Disputes (ICSID)—is limited, at least seven of the nine cases presented in the last year are linked to corruption claims and/or serious social and human rights conflicts in various parts of the country.

One such case involves solar energy projects based in southern Honduras. Three Norwegian entities—Scatec, a renewable energy company; Nor- fund, a state-owned development finance fund; and its partner KLP Norfund Investments, the largest pension fund in Norway—filed two separate ISDS claims against Honduras in 2023. The cases likely were presented after a failed attempt to renegotiate the energy contract under the new Energy Law. The three actors are involved in large solar energy projects in southern Honduras that have been linked to drug trafficking, murder, and criminalization of local land defenders.

One such solar project, Los Prados, has faced opposition since 2016. Since then, nearby communities arguing that they were not adequately consulted and that the solar farms affect their water and food supply have met criminalization. In April 2019, eight community leaders who were summoned by police as witnesses were arrested and accused of duress and damages (they were later released). In addition, at least one community leader active in the movement, Reynaldo Reyes Moreno, was murdered in November 2018. Honduran authorities at the time suggested that Moreno’s murder was unrelated to his opposition to the solar projects, but his community believes otherwise. No thorough investigation of his murder has been conducted.

Another company, Autopistas del Atlántico, was granted a controversial concession and a contract, approved by the Honduran Congress in 2012, for the “Tourist Corridor” highway. The project involved improving an existing highway and installing toll roads in at least two places. Local residents in the cities of El Progreso and La Lima maintained a permanent protest camp at the site of one toll booth, and in 2017, all the toll booths were burned down during protests sparked by electoral fraud and the unconstitutional reelection of President JOH. After arguing that they were not properly consulted, local citizens and business owners refused to pay the tolls to use the road, which they argued was constructed with public funds prior to the concession.
Community leaders at the forefront of opposing projects subject to ISDS claims question why foreign companies that make deals with governments involved in illicit, criminal activities have the moral and political grounds to make multimillion-dollar claims for lost profits. According to Miriam Miranda, the coordinator of the Black Fraternal Organization of Honduras (OFRANEH), investors take advantage of institutional weakness derived in part from the infiltration of criminal interest in state institutions.

“International capital has no shame in investing and supporting a president involved in drug trafficking,” she said. “Foreign companies validated the narco-state and took advantage of the institutional weaknesses that provide a great opportunity to invest, avoid paying taxes, and have all the privileges they want.” Miranda survived an assassination attempt in her home on September 19, 2023.

International Tribunals Enforce Dirty Deals

Debt justice movements use the term “odious debt” to describe illegitimate debt incurred without the people’s consent, often by despotic regimes. The concept argues that debt incurred by a dictatorship should be seen as personal debt of that government, not of the state itself. This idea, though typically used to describe debt and not necessarily contracts with foreign companies suing under ISDS, should be applied to Honduras, particularly in light of the billions of dollars of claims against the country. Foreign companies that shook hands with JOH’s government should not be entitled to compensation that hinders future development and burdens Honduras and Honduran communities.

Although the Castro administration has not explicitly announced its position around all the ISDS claims against Honduras, the Presidential Commission in Defense of Sovereignty and Territory, formed in April 2023, announced in a press conference that Honduras would not participate in the international tribunal process related to ZEDE Próspera’s claim.

In a statement delivered by Minister of Finance Rixi Moncada, the Commission said: “[The claim- ants] view the [ZEDE Próspera] litigation as an opportunity to join [state] looting through false arbitration…In admitting this controversial arbitration, the ICSID as an international body is being negligent to national [Honduran] legislation from 1988…that requires companies to exhaust national remedies before seeking international arbitration.” Moncada insisted that companies involved in corruption would lose their cases.

Although the press conference only addressed the issue of ZEDEs, Honduras has, in at least one other case, refused to engage in international arbitration by virtue of not appointing an arbitrator. Although to date no official announcement has been made, this suggests that Honduras could decide not to participate in any of the arbitration processes.

President Castro’s administration has quickly learned the difficulties of proposing reforms that even remotely threaten national and foreign economic interests. The U.S. government, despite its rhetoric about supporting democratically elected governments, including Castro’s, has assisted in undermining many of her administration’s most ambitious reforms that simply attempt to roll back some of the post-coup policies.

Internationally, the ISDS claims against the state attempt to further deadlock Castro’s proposed changes and prop up the claims of foreign companies, many of which got involved with odious investments during JOH’s narco-dictatorship. With about two and a half years remaining of her mandate, Castro faces an ongoing struggle to resist opposition to her proposals, while pushing to follow through on the policies her administration has pledged to champion.

Karen Spring is the co-coordinator of the Honduras Solidarity Network (HSN) and a PhD student at the University of Ottawa. She hosts the Honduras Now podcast (hondurasnow.org).

October 15, 2023Karen SpringFiled Under: Campaigns, Narco-trial Campaign

U.S. and Canada-backed Narco-State on Trial in New York

The “US and Canada-backed narco-state” campaign will begin in January 2024. The New York trial of three Honduran drug traffickers, including ex-President Juan Orlando Hernández is currently set for February 5, 2024. While the trial unfolds in New York, the Honduras Solidarity Network (HSN) and Honduras Now will put the U.S., Canada and the “international community” on trial for backing the rise of a narco-state in Honduras since the 2009 coup d’état. See the full description below.

Funds needed for successful launch in January 2024.

Defendents

The U.S. and Canadian governments, North American companies, the “international community” and the three accused Hondurans, ex-Honduran President Juan Orlando Hernández, Mauricio Hernández Pineda, and Juan Carlos ‘El Tigre’ Bonilla.

Description

In February 2024, the ex-President of Honduras, Juan Orlando Hernández (alias JOH) and two other Hondurans will be tried in a U.S. court for drug trafficking and weapons-related charges.

The buzz around the trial will be huge. The bad guys will be paraded around and make the headlines. The U.S. Drug Enforcement Administration will look like the drug war saviors, and the U.S. and Canadian governments will talk about the ‘rule of law,’ ‘human rights’, and ‘punishment for those that abused their power’.

But the biggest and most important element of the story will be missing.

For 12 years, the U.S., Canada and ‘international community’ maintained full relations with military-backed drug-trafficking regimes in Honduras. Starting largely with their support for the 2009 military coup, the U.S., Canada, International Financial Institutions (IFIs), JOH and his National Party signed Free Trade Agreements, created a favorable business climate for U.S. and Canadian companies, and conducted joint military, police, and drug war operations. For years, the U.S. and Canada lied and covered-up their knowing support for a corrupt, narco-state.

The Honduras Solidarity Network (HSN) and Honduras Now ask:

The narco-dictatorship in Honduras was built through a mutually-beneficial and symbiotic relationship between the Honduran regimes and its international allies. The U.S. and Canada benefited from JOH’s policies and power and looked the other way as JOH’s government and the Honduran military and police trafficked cocaine and “stuffed cocaine up the noses of the gringos” (as JOH is alleged to have said) and committed countless acts of corruption and human rights abuses in the name of the War on Drugs, citizen security, and stopping migration.

The Honduras Solidarity Network and Honduras Now will be launching a campaign to put our own governments on trial for backing a narco-dictatorship that left Honduras in ruins.

The campaign will include:

Recapping and exposing the role of the U.S. and Canada in legitimizing the June 2009 military coup that ousted the elected government of then President Zelaya. This includes legitimizing and maintaining full political, military and economic relations with the post-coup, military backed ‘interim’ government, and three sets of violent, fraudulent elections (2009, 2013, 2017) to maintain the charade of referring to the narco-dictatorship as a ‘democratic ally’.
Exposing U.S. and Canadian companies that did dirty deals with the narco-dictatorship.
Highlighting the failures and farse of the U.S.-led War on Drugs, including the role of the U.S.-trained and funded Honduran police and military in abuses.
Posting trial notes and videos throughout the duration of the February 2024 trial, and drawing the connections with U.S. and Canadian policies and actions in Honduras.
Campaigning to demand that the U.S., Canada and the IFIs be held responsible for policies that support dictatorships while profiting and ignoring serious human rights abuses.

How to follow the campaign

On X: @HondurasNow and @hondrassol, IG: HondurasNow, Web: hondurasnow.org

Campaign launch: January 2024

Trial dates: February 5 to approx. February 23, 2024 (pending any date changes determined by the judge. Trial length still TBD)

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Fundraising for the launch

The HSN and Honduras Now need support covering the costs of ‘putting the US and Canada on trial.’ Efforts will be led by Karen Spring with support from HSN members, and Honduran groups and journalists. For a more detailed outline, email: karen@hondurasnow.org

Travel: $1500

Living expenses in New York for a small team: $10,000

Translation, tech equipment, and web support: $3,500

Total requested: $15,000 USD

To Donate

https://www.hondurasnow.org/donate/

Transnational Resistance , and upcoming campaign

Summary

Many are thinking about and watching what is going on in Gaza and Israel. The parallels of North American support for a dictatorship in Honduras and the strategics of transnational resistance provide hope and inspire action from all of us to stop the bombing of Gaza and the murder of innocent people.

This episode announces an upcoming campaign as ex-President Juan Orlando Hernández’s trial in New York is set to start in four months. Then Karen shares a panel presentation she participated in mid-September called Nonviolent Resistance to Overthrow Dictatorships & Occupations organized by World Beyond War as part of their #NoWar2023 conference. The presentation shares some of the ways that people can act to change global issues and abuses from their own cities and towns around the world. #FreePalestine #AnotherWorldIsPossible

For the full panel presentation, World Beyond War’s #NoWarConference, https://www.youtube.com/playlist?list=PLlGdq6s8HmZoqi6T1YEftxGtnaxjBKq1G

Coming soon. ‘US and Canada-backed Narco-State on Trial in New York’ campaign: A campaign to hold the U.S., Canada & the “international community” accountable for 12 years of support and legitimization of Honduras’ drug-trafficking President and Narco-State.

Campaign launch January 2024. Trial in New York currently scheduled for February 5, 2024. More information and to donate to support the trial campaign, go to hondurasnow.org.

IG: @HondurasNow

X/Twitter: @HondurasNow

Thanks for listening!

February 20, 2023

One Year of Xiomara Castro, One More Year of US Intervention in Honduras

Executive Summary

January 2023 marked the one-year anniversary of President Xiomara Castro’s administration in Honduras. Throughout their first year in office, the Castro administration not only had to reckon with a country ravished by a 12-year narco-dictatorship, but also several instances of US interference aimed at weakening the government’s agenda and undermining Castro’s progressive platform.

On October 31, 2022, Honduran Foreign Affairs Minister Enrique Reina requested a formal meeting with US Ambassador to Honduras, Laura Dogu to present a formal protest against the Ambassador’s public statements disapproving of new government reforms. Taking aim at Castro’s Energy Reform Law and Temporary Labor Law, and the repeal of the legislation that gave birth to the widely unpopular Zones of Economic Development and Employment (ZEDEs), the US Ambassador claimed that the reforms would hinder the “chances of success” of Vice President Kamala Harris’ billion dollar ‘Call to Action’ launched to allegedly address the root causes of migration. This claim could not be farther from the truth. While to address the concerns of Honduras’ majority poor population, Castro’s administration identified that high energy prices, poor labor conditions, and land disposal and social conflict drive migration to the US and present trying serious obstacles for the country’s growth. Instead of applauding Castro’s attempts to address the causes of migration, the US in multiple instances interfered in Honduras’ internal affairs in order to promote the economic and geopolitical interests of the US government and North American corporations. By speaking out against Castro’s reforms, the US contradicts its own statements that it is interested in addressing what drives Hondurans to leave their own country for the US-Mexico border.

It would be impossible to overstate the damage done to Honduran democracy and economic development by US domination historically and in the recent past. Public comments, behind-the-scenes meetings, and political coercion are some of the many ways that US interventionism seeks to maintain US power and its economic interests in the region. There’s a pattern to these actions which repeats again and again in both Honduras and the rest of Latin America.

The Honduras Solidarity Network (HSN) and Honduras Now have both witnessed and denounced US interference in Honduras during Castro’s first year. In response, we have decided to document US interference in Honduras throughout 2022. This is the first annual report, a working document, that will be updated annually over the next four years of President Castro’s Presidency to outline US intervention and the responses to such from inside Honduras.

This report will first outline the event in late 2022 that became the ‘final straw’ that led Foreign Affairs Minister Reina García to formally complain to US Ambassador Laura Dogu about the US’s interventions and statements. Then, the report details three major interventions related to policy reforms or changes proposed and implemented by President Castro: the Energy Law, the Temporary Labor Law, and the ZEDE laws. Lastly, it outlines a few ‘odds and ends’ of US interventionism during key legislative and political moments in 2022.

Given that this report seeks to outline, overview, and display the US intervention tactics in Honduras, we refrain from making recommendations. However, the Honduras Solidarity Network and Honduras Now insist that the US must stop intervening to promote its own economic and corporate agenda. In the past and particularly since the US-backed coup d’état in 2009, this has only politically created turmoil, poverty, inequality, and further driven emigration from Honduras.

U.S. Intervention Monitor

to download the full report https://www.hondurasnow.org/us-intervention-monitor/