The Honduran Constitution

A bunch of people have a bunch more time than me and have waded through the Honduras Constitution. It appears that the military shipping Zelaya out of the country and barring his re-entry is in of itself unconstitutional (via Greg Weeks):

Article 81: Every person has the right to circulate freely, leave, enter, and remain in the national territory.

Article 102: No Honduran can be expatriated or handed over by the authorities to a foreign state.

These provisions put a whole bunch of cracks in the theory that the military was following constitutionally valid orders from the Supreme Court.

But the Micheletti government is not content to merely appear to have taken power by an illegal coup. They want to really prove that they are an old school Latin American junta. Yesterday the government suspended the following provisions of the Constitution during the hours of curfew, 9 PM – 5 AM (via IKN):

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.

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

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 requisits of law allow.

Article 84: No person can be arrest or detained without the virtue of a written mandate of the competent authority, expidited 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.

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 themself, against a spouse or living companion, or against family members inside fourth grade of bloodline or second 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.

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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The Honduran Constitution

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