Executive Decree Against Media
Monday, Roberto Micheletti Bain made another attempt against the media of Honduras. Here's his executive decree 124-2009, dated Monday October 5, which took effect immediately. This is a quick and dirty translation of the decree, images of which can be found here on Adrienne Pine's blog.
Executive Agreement Number 124-2009
The constitutional President of the Republic
Considering: That the human person is the supreme end of society, the state, and all have the obligation to respect, protect, and conform to article 62 of our Constitution, the rights of every person are limited by the rights of the others, for the security of all, and for the just demands of the general good and the developing democracy.
Considering: That the President of the Republic and the Council of Ministers have answered, through the organs of defense and security of the State, and other entities, the deterioration which we have begun to have, the pretence of protected goods, by social communications media, systematically denaturing the objective of the Democratic State of law, and generating a regime of social anarchy encouraging vandalism up to the point of attempting against the social peace and the security of the state, and leaving incalculable effects on the national economy.
Considering: That it is an urgent necessity to preserve the public order and peace in all the national territory, to guarantee life and the well being of all people residing in the national territory, with the ultimate end, guaranteed by our constitution of the Republic, and with the democratic system, fundamental pillar of our society.
Considering: That it corresponds to the State to guarantee liberty of though and expression, but when the communcations media atempt against the national security, the public order, the health, or the public morals, it makes it imperative to execute regulations founded in the existing legislation in conformity with the INTERAMERICAN CONvENTION ON HUMAN RIGHTS.
Wherefore
The constitutional President of the republic, in conformance with the articles 245 points 7 and 16, 248 and 252 of the constitution of the Republic, articles 11, 17, 18, 20, 22 number 10, 24, 116, and 117 of the General Law of Public Administration and the rest that the constitution and the laws confer.
Agree
Article 1: Declare, for reasons of national security and in application of the commands in Article 28 of the case law of the Telecommunications sector, specifically that referring to the use of the radio spectrum in the national territory, apply the measures which in law correspond to those that infringe the law.
Article 2: Instruct for legal effects corresponding to the National Commission of Telecommunications (CONATEL) and other competent organs of the state, that they proceed in conformity with their laws, to protect the national security in the function of the larger interests of the country, the good, the physical and moral integrity of humans. The state, as owner of the radio spectrum can revoke or cancel the use of approved titles (licenses and permissions) authorized by CONATEL to operators of broadcast speech and television that emit messages that generate national abhorrence, pretend to be protected speech, and also call for a regimen of social anarchy against the democratic state that attempts against the social peace and human rights.
Article 3: Remit to the National Commission of Telecommunications (CONATEL), the communications contained, the reports emitted by the defense and security forces and other parts of the government for its fulfillment.
Article 4: The present accord is executed immediately and should be published in the official newspaper La Gaceta.
Given in the city of Tegucigalpa, municipality of the Central District the 5th of october of 2009.
Communicate and Publish this.
Robert Micheletti
Constitutional President of the Republic
Oscar Raul Matute Cruz
Secretary of State
Executive Agreement Number 124-2009
The constitutional President of the Republic
Considering: That the human person is the supreme end of society, the state, and all have the obligation to respect, protect, and conform to article 62 of our Constitution, the rights of every person are limited by the rights of the others, for the security of all, and for the just demands of the general good and the developing democracy.
Considering: That the President of the Republic and the Council of Ministers have answered, through the organs of defense and security of the State, and other entities, the deterioration which we have begun to have, the pretence of protected goods, by social communications media, systematically denaturing the objective of the Democratic State of law, and generating a regime of social anarchy encouraging vandalism up to the point of attempting against the social peace and the security of the state, and leaving incalculable effects on the national economy.
Considering: That it is an urgent necessity to preserve the public order and peace in all the national territory, to guarantee life and the well being of all people residing in the national territory, with the ultimate end, guaranteed by our constitution of the Republic, and with the democratic system, fundamental pillar of our society.
Considering: That it corresponds to the State to guarantee liberty of though and expression, but when the communcations media atempt against the national security, the public order, the health, or the public morals, it makes it imperative to execute regulations founded in the existing legislation in conformity with the INTERAMERICAN CONvENTION ON HUMAN RIGHTS.
Wherefore
The constitutional President of the republic, in conformance with the articles 245 points 7 and 16, 248 and 252 of the constitution of the Republic, articles 11, 17, 18, 20, 22 number 10, 24, 116, and 117 of the General Law of Public Administration and the rest that the constitution and the laws confer.
Agree
Article 1: Declare, for reasons of national security and in application of the commands in Article 28 of the case law of the Telecommunications sector, specifically that referring to the use of the radio spectrum in the national territory, apply the measures which in law correspond to those that infringe the law.
Article 2: Instruct for legal effects corresponding to the National Commission of Telecommunications (CONATEL) and other competent organs of the state, that they proceed in conformity with their laws, to protect the national security in the function of the larger interests of the country, the good, the physical and moral integrity of humans. The state, as owner of the radio spectrum can revoke or cancel the use of approved titles (licenses and permissions) authorized by CONATEL to operators of broadcast speech and television that emit messages that generate national abhorrence, pretend to be protected speech, and also call for a regimen of social anarchy against the democratic state that attempts against the social peace and human rights.
Article 3: Remit to the National Commission of Telecommunications (CONATEL), the communications contained, the reports emitted by the defense and security forces and other parts of the government for its fulfillment.
Article 4: The present accord is executed immediately and should be published in the official newspaper La Gaceta.
Given in the city of Tegucigalpa, municipality of the Central District the 5th of october of 2009.
Communicate and Publish this.
Robert Micheletti
Constitutional President of the Republic
Oscar Raul Matute Cruz
Secretary of State
They demand the de facto government repeal of the decree suspending the guarantees
Tegucigalpa, Oct 8 (EFE) .- Resistance Front which seeks the return of deposed Honduran President Manuel Zelaya, today demanded the de facto Government to publish the decree which revoked the suspension of constitutional guarantees.Continue reading the printed article
PHOTO AND VIDEO RELATED
The deputy of the leftist Democratic Unification Party (UD) Marvin Ponce, resistance leader, told Efe that have verified that the Official Gazette published the decree has not, as repeal by the Council of Ministers on Monday approved the de facto president, Roberto Micheletti.
"The government of Mr. Micheletti has to publish it (the decree), is a question of political will," said Ponce, who said that the announcement of repeal was "just to wash his face, because he published it.
Micheletti suspended several constitutional guarantees, including freedom of assembly and press, with a decree issued Sept. 26, arguing that Zelaya had been calls for an uprising from the Brazilian Embassy in Tegucigalpa, where he stayed from 21 September.
The presidential minister, Rafael Pineda, told reporters Monday that the decree of abrogation shall take effect on publication in the Gazette.
Ponce found that, by not publishing the decree, the Government of Micheletti was "playing with the people and the international community, because it involves maintaining repression and the closure of a radio and a television station closed on September 28 during the first days of the uprising of guarantees.
He recalled that the mission of the Organization of American States (OAS) attended yesterday, Wednesday, and today the installation of a dialogue on the political crisis raised the elimination of that decree suspending several constitutional guarantees and the reopening of communication media was closed.
A source at the Ministry of the Interior (Interior) told Efe that the decree has already been sent to press state for publication in the Gazette, but said he was unaware when.
The resistance movement reported today in a statement before the beginning of the dialogue that had not been issued the decree.
National Commissioner for Human Rights, Ramón Custodio, friendly facto regime, the publication does not repeal the decree is not as important because, according to Efe, in fact "no longer applied, even touches of is there ".
"There is practically no restrictions," said Custodio, for whom the suspension of guarantees "had a minimal implementation and the immediate effects were more positive than negative." 
"I, Custody(Custodio) the rights of the coupsters"
New Threat on Radio Progreso and Independent Media
Thursday, 08 Octubre 2009 20:43
The de facto government of Micheletti it has sworn against independent media. While it has lifted the state of siege, however, the sword is hanging over station Radio Progreso. I attached the final decree Micheletti against independent media.
Not surprising to revoke the operating license of Radio Progreso.
Not surprising to revoke the operating license of Radio Progreso.
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