Since that has now been framed as the first goal of the Frente de Resistencia, it is worth reviewing what this legal scholar reminds us about: the difficulties that stand in the way of this return.
Contrary to assertions that it is just a matter of buying a plane ticket, the events of the coup and de facto regime are substantial obstacles to resolution: Orellana notes that the Public Prosecutor insists on maintaining a legal case open that should have been covered by the amnesty passed by the National Congress. He notes that the judicial branch and much of the Legislature is still filled with coup participants. He reviews the aggression that Zelaya was personally subjected to, and suggests that without guarantees of security from the government, returning is not feasible.
The return of ex-President Zelaya Rosales is the news of the moment. But the return to the homeland will not be easy.
He was expelled from his country after his home had been outraged with a raid outside the hours that the Constitution permits, accompanied by machine gun bursts, while his young son listened, hidden in fear of being victim of the bestial action, everything they did to reduce his father to impotence. All this operation, worthy of an episode of a formal war, was designed against a single man that barely three and a half years before had been voted by the Honduran people as their new President.
Later it was made known that the Public Prosecutor had filed an action against the President and that a judge named by the Supreme Court of Justice from among its members, after declaring the secrecy of the process, had issued an order of capture against him and to put it into effect ordered, against the Constitution of the Republic, that the Armed Forces carry it out, alleging that the police could be inclined toward the President, so that they would not be trustworthy. Nonetheless, they, immediately, displayed a persecution against those who protested in favor of the President with a cruelty that the population understood had been in the 80s. The accusations against the police for the violation of human rights of those who protested against the coup d'Etat came from the organizations that make up the inter-American system of Human Rights and surely our country will be newly condemned to the payment of large amounts of money in compensation to the victims, and those truly responsible will enjoy impunity.
The tortures to which President Zelaya, his family and those accompanying him in the Brazilian Embassy were subjected, using high-end technology, putting at risk the life of all those encountered there, stripped before the world the hatred that the conspirators had for Zelaya and the savagery of which the dictatorship and its accomplices was capable.
The National Congress, the system of justice and the organizations responsible for the national defense and public security participated directly in what today is an undeniable fact: a Coup d'Etat. Even the same Chief of State Lobo Sosa has admitted this and more than one functionary of his government has asked pardon for this crime against democracy, the Republic, and history.
The bias of the system is placed in evidence when it leaked out that of the prosecutions launched against the President only one, apparently, is still pending, and, despite the fact that it treats evidently of an act that, in any case, will end up benefited by the amnesty, they insist stubbornly on maintaining it in effect.
Very little has changed institutionally in the country since the President was overthrown. Only the Executive Power and part of the Legislative has been renewed. So that his return in these conditions does not offer any guarantee for his personal security and the tranquility of his family.
Nonetheless, his return is essential to commence national reconciliation. The very political stability of the country depends on the return to the country of Zelaya. It is, then, a question of State. It should guarantee, in consequence, that he will enjoy the protection that his situation so special demands. How to accomplish this, is the responsibility and priority of the first order of the present government.