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Appendix 4 – Status of Trials

ORIGINAL TEXT IN SPANISH

STATUS OF TRIALS

1) Fully settled cases:

File: 477-09
Presented: June 26 (Precautionary measures delivered to Supreme Court);
June 29 (“secrecy of the case is lifted” according to the court;
President Zelaya’s attorneys consider this as the date of opening
the case.
Defendant: Ex President Zelaya
Offenses: Against the form of government, treason, abuse of authority, and
usurpation of power.
Status: i) Definitive dismissal in favor of the defendant;
ii) Nullification of criminal responsibility;
iii) Arrest orders voided (as a result of the Amnesty Decree).

2) Cases partially settled:

Case 1: Fondo Hondureño de Inversión Social I [Honduran Social

Investment Fund]
File: 0801-2009-31042
Presented: July 30 2009
Defendant(s): Ex President Zelaya; Enrique Flores Lanza, ex Minister of the
Presidency; Rebeca Santos, ex Minister of Finance; Hernán Lagos,
ex Chief Minister of the Presidential staff.
Offenses: Abuse of authority; counterfeiting of public documents, and fraud
to the detriment of the faith and public administration.
Status: i) Definitive dismissal of Arrest orders voided;
ii) Nullification of criminal responsibility of the defendants for
abuse of authority;
iii) Arrest orders voided for charges against the defendants for
abuse of authority (as a result of the Amnesty Decree);
iv) Arrest orders remain in force for the defendants for the charges
of counterfeiting of public documents, and fraud to the detriment
of the faith and public administration.

Case 2: Fondo Hondureño de Inversión Social II [Honduran Social

Investment Fund]
File: 31126-09
Presented: February 24, 2010 (according to the file); October 23, 2009 with
preliminary evidence and February 24, 2010 for presentation of the
legal demand (according to ex President Zelaya’s lawyers).
Defendant(s): Ex President Zelaya; Enrique Flores Lanza, ex Minister of the

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Appendix 4 – Status of Trials

Presidency; Rebeca Santos, ex Minister of Finance; José Antonio

Borjas, ex Vice Minister of Finance; and César Delgado, ex
Minister Director of the FHIS.
Offenses: Abuse of authority; counterfeiting of public documents, and fraud
to the detriment of the faith and public administration (Zelaya and
Flores Lanza); abuse of authority; counterfeiting of public
documents, and fraud to the detriment of the faith and public
administration (Santos and Borjas); abuse of authority; use of false
public documents, and fraud to the detriment of the faith and
public administration (Salgado).
Status: i) Definitive dismissal and nullification of criminal responsibility
because of amnesty for the defendants for the offense of abuse of
authority.
ii) Arrest orders remain in force for the defendants for the other
charges.

3) Cases in which ex President Zelaya is not a defendant:

Case 1: Empresa Nacional de Energía Eléctrica (ENEE) [National Electric

Power Company]
File: 29765-09 J-13
Presented: July 22 (according to ex President Zelaya that was the day the
negotiation commission that he named declared that the so-called
San José had failed).
Dendant(s): Arístides Mejía, ex Commissioner Vice President; Rixi Moncada,
ex manager of ENEE; Rebeca Santos, ex Minister of Finance.
Offenses: Abuse of authority and fraud to the detriment of the faith and
public administration.
Status: In process.

Case 2: Banco Central I [Central Bank]

File: 0801-2009-27640
Presented: July 5, 2009
Defendant(s): Enrique Flores Lanza, ex Minister of the Presidency
Offenses: Abuse of authority and misappropriation of public funds
Status: In process.

Case 3: Banco Central II [Central Bank]

File: 0801-2009-27640
Presented: Autust 5, 2009
Imputado(s): Enrique Flores Lanza, ex Minister of the Presidency; José Antonio
Borjas, ex Vice minister of Finance; José Francisco Young, ex
Treasurer General of the Republic; Edwin Araque, ex president of
the Central Bank; and Hernán Lagos, ex Chief Minister of the
Presidential staff.
Offenses: Abuse of authority (Flores Lanza, Borjas, Young, Araque);

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Appendix 4 – Status of Trials

misappropriation of public funds (Flores Lanza; coauthors: Borjas,

Young, Araque, Lagos); usurpation of functions (Lagos).
Status: In process