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April 30, 2010In force

Formal Establishment of the Truth and Reconciliation Commission Ordered by Executive Decree No. PCM-011-2010

Poder Ejecutivo

  • Decree: 001-2010
  • Published: April 30, 2010
  • Issuing body: Poder Ejecutivo
  • Gazette: 32,200
  • Category: Constitutional
  • Type: Other

Summary

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This decree formally establishes the Commission for Truth and Reconciliation with 5 commissioners (2 Hondurans and 3 foreigners) to investigate events surrounding the June 2009 coup d'état. The commission will operate for at least 8 months to clarify what happened and help prevent it from happening again in the future.

Considerations

That on the thirtieth (30) day of October in the year two thousand nine (2009), the GUAYMURAS DIALOGUE TEGUCIGALPA/SAN JOSÉ AGREEMENT was signed for "National Reconciliation and the Strengthening of Democracy in Honduras", which included as the Sixth Agreement the creation of a Truth Commission in order to clarify the facts that occurred before and after the nineteenth (28) day of June in the year two thousand nine (2009) and to provide the people of Honduras with elements to prevent these events from being repeated in the future. In that agreement, this government was recommended to establish said Truth Commission in the first semester of the year two thousand ten (2010). CONSIDERING: In response to that recommendation, the Constitutional President of the Republic of Honduras in Council of Ministers, issued Executive Decree Number PCM-011-2010 dated the thirteenth (13) day of April in the year two thousand ten (2010), published in "La Gaceta" Official Gazette of the Republic number 32,200 and dated the thirtieth (30) day of April in the year two thousand ten (2010), by means of which the Commission for Truth and Reconciliation was created to fulfill the aforementioned purpose.

That according to Executive Decree Number PCM-011-2010, the Commission for Truth and Reconciliation shall be composed of five Commissioners of recognized honorability and impartiality and shall make its decisions by qualified majority of four of its members. In the path of transitional justice to ensure the transparency, impartiality and objectivity of its actions, the related Decree establishes that two of the Commissioners shall be nationals of the country and three shall be foreigners. One of the foreign Commissioners shall serve as Coordinator of the Commission and shall have an Executive Secretary who shall be a national of the country.

Articles

Article 1.-

To formally establish the Commission for Truth and Reconciliation ordered by Executive Decree Number PCM-011-2010 dated thirteen (13) April two thousand ten (2010), composed of Don Eduardo Stein Barillas of Guatemalan nationality, Don Michael Kergin of Canadian nationality, Doña María Amabilia Zavala Valladares of Peruvian nationality, Doña Julieta Castellanos Ruiz of Honduran nationality and Don Jorge Omar Casco Zelaya of Honduran nationality. The Commission shall perform its functions as of this date, for a term of at least eight months.

Article 2.-

This Executive Decree is of immediate execution and shall be published in "La Gaceta" Official Newspaper of the Republic. Given in the city of Tegucigalpa, on the fourth (4) day of the month of May of the year two thousand ten (2010). PORFIRIO LOBO SOSA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC MARLON RAMSSES TÁBORA MUÑOZ SECRETARY OF STATE OF THE PRESIDENTIAL OFFICE, BY LAW

Notes

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