O 281458Z JUN 09 FM AMEMBASSY TEGUCIGALPA TO RUEHC/SECSTATE WASHDC IMMEDIATE 9965 C O N F I D E N T I A L TEGUCIGALPA 000504 SUBJECT: HONDURAN MILITARY ARRESTS PRESIDENT

ZELAYA Classified By: amb. Hugo Llorens, e.o. 12958 1.4(b) and (d) 1. (C) At approximately 02:30 local time (04:30 Washington) Honduran military forces entered the Presidential Palace and arrested President Manuel "Mel" Zelaya. Embassy sources report Zelaya was taken to the Air Force Base adjacent to Toncontin International Aiport and then flown by military aircraft to Costa Rica, where he was said to be as of 07:30.It has been reported that Zelaya has signed a letter of resignation. 2. (C) Military commanders told DATT they had acted on instructions from the National Congress and the Supreme Court to prevent Zelaya from carrying out a poll, scheduled to take place today, on whether there should be a "fourth urn"at the November general elections to seek voter approval to convene a constituent assembly to rewrite the constitution. The courts, the attorney general and the solicitor general had all declared the poll illegal.

3. (C) Both the Attorney General and the individual members of the Congress we spoke to say they had only ordered the confiscation of the polling materials and had not asked for Zelaya,s arrest. Juan Orlando Gutierrez added, however, that Zelaya could be arrested for having committed several "flagrant" acts up to 24 hours after the act. When asked if the National Police (HNP) were in solidarity with the military forces, Minister of Security Jorge Rodas told Emboff the HNP "are in support of the Constitution and rule of law." 4. (C) As of 09:00 streets are calm in Tegucigalpa, although there is an unusually large police presence. The military is confiscating poll materials throughout the country, according to the director of police. Television and radio broadcasts have been suspended, and there are sporadic power outages. Television stations had reported the arrest before going off the air. The government-controled Channel 8 urged Zelaya supporters to congregate in the Central Park and in front of the Presidential Palace to oppose the military's action. 5. (C) Post held an EAC. There are no/no reports of violence. Post is preparing a warden message to American Citizens and instructing all Embassy personnel to remain at home. We are contacting airlines to determine status of departing and incoming international flights. 6. (C) Ambassador spoke to President of Congress

Roberto Micheletti, who said Zelaya,s publication of the poll in the official Gazette was a violation of law, and that Zelaya intended to convene a constituent assembly immediately after the poll, so Congress acted to preempt him. The Ambassador told Micheletti that, while we realized that the poll had been ruled illegal by the courts, and that the publication in the Gazette may have defied the law, sending in the military to arrest Zelaya was not appropriate or legal. Embassy continues all parties to seek a democratic solution to the current crisis while making clear that the military's action in this case was in our view inappropriate. LLORENS (Edited and reading.) reformatted by Andres for ease of