Constitutional guarantees that Honduras will suspend to prevent the spread of COVID-19




Honduran government authorities released a new Executive Decree (PCM 021-2020) on Monday, suspending various constitutional guarantees, measures aimed at preventing the spread of COVID-19 in the national territory.

DECREE PCM 021-2020:
ARTICLE 1.- The constitutional guarantees established in articles 69, 71, 72, 78, 81, 84, 93, 99 are restricted for a period of seven (7) days from the approval and publication of this Executive Decree. and 103 of the Constitution of the Republic.

ITEMS SUSPENDED BY THE DECREE:
Article 69. Personal liberty is inviolable and only in accordance with the laws can it be restricted or temporarily suspended.

Article 71. No person may be detained or held incommunicado for more than twenty-four (24) hours after their arrest, without being released or ordered by the competent authority to start their trial process.

 Article 72. The emission of thought is free by any means of diffusion, without prior censorship. Those who abuse this right and those who by direct or indirect means restrict or impede the communication and circulation of ideas and opinions are responsible before the law.

Article 78. The freedoms of association and assembly are guaranteed as long as they are not contrary to public order and good customs.

Article 81. Everyone has the right to move freely, leave, enter and remain in the national territory.

Article 84. No one may be arrested or detained except by virtue of a written mandate from the competent authority, issued with legal formalities and for a reason previously established in the Law.

 Article 93. Even with a prison order, no person may be taken to prison or detained therein, if he provides sufficient security, in accordance with the Law.

Article 99. The domicile is inviolable. No entry or registration may be verified without the consent of the person who inhabits it or resolution of the competent authority. However, it can be raided, in an emergency, to prevent the commission or impunity of crimes or avoid serious damage to the person or property.

Article 103. The State recognizes, encourages and guarantees the existence of private property in its broadest concept of social function and without more limitations than those established by law for reasons of necessity or in the public interest. The Tribune of Honduras

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