digital emunction | a multiauthor blog founded and edited by robert p. baird

Honduras by Day, Guantánamo by Night: Roberto Micheletti’s State of Exception

huyendo-policia-honduras.jpg

Yes­ter­day the Hon­duran Con­gress, work­ing almost cer­tainly at the behest of Roberto Micheletti (who was Speaker of the Con­gress until the coup), sus­pended the fol­low­ing con­sti­tu­tional rights for its cit­i­zens between the hours of 9pm and 5am: habeas corpus, free­dom of assem­bly, free pas­sage, free­dom from police coer­cion and vio­lence, and free­dom from com­pul­sory self-​incrimination (the right to remain silent).

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The fol­low­ing trans­la­tion of the sus­pended arti­cles (and the photo above) comes from Otto Rock’s Inka Cola News:

SUS­PENDED, Arti­cle 71: No person can be detained for more than 24 hours with­out being pre­sented to the orders of the com­pe­tent author­ity for judg­ment. Judi­cial inquiry deten­tion cannot exceed six days from the moment of detention.

SUS­PENDED, Arti­cle 78: Free­dom of asso­ci­a­tion and assem­bly is guar­an­teed as long as it does not con­tra­vene public order and good custom.

SUS­PENDED, Arti­cle 81: All per­sons have the right of free pas­sage, to leave enter and stay in national ter­ri­tory. No person can be forced to move from their domi­cile or res­i­dence, except in spe­cial cir­cum­stances and when the require­ments of law allow.

SUS­PENDED, Arti­cle 84: No person can be arrested or detained with­out the virtue of a writ­ten man­date of the com­pe­tent author­ity, expe­dited with legal for­mal­i­ties and for a motive pre­vi­ously estab­lished by law. How­ever, in-​fragranti crim­i­nals may be appre­hended by any person in order to deliver them to author­i­ties. The arrested or detained must be informed in the act and with total clar­ity of their rights and the rea­sons for the arrest; also, the author­ity must com­mu­ni­cate theri deten­tion to a family member of choice.

SUS­PENDED, Arti­cle 88: No class of vio­lence or coer­cion may be exer­cised on per­sons to force or make them declare. In a penal, dis­ci­pli­nary or police issue, nobody can be made to declare against him­self, against a spouse or living com­pan­ion, or against family mem­bers who are within four grades of ances­try or two grades of affin­ity. Only in front of a com­pe­tent judge make state­ments be taken. Any decal­ra­tion obtained by infringe­ment of these dis­po­si­tions is null and void.

SUS­PENDED, Arti­cle 99: The domi­cile cannot be vio­lated. No entry or reg­is­ter can take place with­out the con­sent of the person who resides in the domi­cile or with­out a res­o­lu­tion from acom­pen­tent author­ity. How­ever, the domi­cile may be searched in the case of emer­gency to impede the com­mis­sion or the impunity of a crime or to avoid seri­ous harm to person or property.

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