Thursday, September 10, 2009

Response to an Opinion Printed in El Heraldo

This response is sent also to the email of the following opinion in Spanish.  His opinion and my responses are as follows(translated to English) My responses in Blue his in Black.

In disagreement with Dr. Vallecillo

Dr. Vallecio:

With all respect, I have read your article that was published on Tuesday in El Heraldo,and you have written things that are not true.
Actually Mr. Santana it seems that you have also spoken things that are not true.

There was not a succesion sir.  What happened was an upsurping of power, because Zelaya was not judged, not condemned.  There is not a single resolution of any organization that has removed him, jailed him, for thief, narcotrafficking, violating laws, etc.
There actually was a succession of power.  What did not happen is an ursurping of power, because Zelaya removed himself. He did not have to be judged and he was condemned, he condemned himself per the constitution.

What happened was a group of killers dressed as military(5:00 am, violating article 99 of the Constitution). There was no warrant from any judge(violating article 84 of the constitution). They stuck him on a plane (violating his right to defense in articles 85 and 89 of the Constitution) and they sent him into exile (violation of article 102 of the constitution) and someone violated article 277.
With your first statement here you invalidate any argument you might have had.  They didn´t kill Zelaya so where is it that you can legally claim they are killers dressed as military? Who did they kill? You witnessed these individuals execute Zelaya? Really? The last I checked you are violating the penal code and the constitution yourself.  Each person in Honduras has the right to dignity and respect according to the constitution and you should not lance false accusations against people without facing the law yourself.
Article 84 says the following:
No one can be arrested without a warrant. A delinquent can be detained by any person and turned over to the authorities. The person arrested should be informed why they are being detained and what the charges are. In addition, authority should allow the person to communicate their detention to family or person of their choice.

Zelaya had an arrest warrant issued against him on June 25, 2009 and it was signed by compentent authority, the chief of the Supreme court.  The original complaint was made by the Attorney General on the 25th of June, 2009.  I have that document and the arrest warrant in my possession.  So if you would like to see it I can email it to you.
Sticking him on a plane did not violate his right to a defense, in fact he has retained an attorney to defend himself. It seems you are confusing political charges with criminal ones.  He has not been condemned for criminal charges yet and those charges are awaiting for him to return to Honduras at the time of his choice to face them. The political charges do not require criminal process, only political, just like in the US.  He was processed and deterimined to be in violation of the political charges by the Supreme Court and the Congress who are compentent authorities to process polititians for said violations which does not result in prison but removal.
You mention 277 as if to imply that the military has to obey even illegal orders of the president.  The military is not obligated to obey an illegal order. This is true in any country and under international law.  In your desire to point out article 277 you jumped completely over article 272 that says:
The Armed Forces of Honduras are a Honduran institution of permenent character, essentially professional, apolitical, obedient, and not argumentative.

They are constituted with defending national integrity, the sovereignty of the Republic, keep the peace, public order, and the Constitution, the principals of the right to vote and the alternability of the presidency of the Republic. 

They should read well the Constitution of the Republic, to later express their opinions so that they do not look ridiculous.  It appears they think one is stupid, non fit and foolish.
It appears you might want to gather your evidence before telling others to read the constitution and make sure that you are not leaving out facts that are important to the case, like saying there was not an arrest warrant when indeed there was one.  There was also an initial complaint before that.
Meanwhile those that govern de facto are not sincere adn do not accept that they committed a judicial error and correct that error before the public, Constitution, and world.  Until then this country will not go forward or have peace.
The only possible error was removing him from Honduras, but even that can be questioned under what is internationally recognized as a law of necessity.
Tell me who is it that violated the constitution by sending Manuel Zelaya into exile?
Read article 42 of the constitution.  Did they violate the constitution or where they correct? That seems to be something that should be interpreted by the Supreme Court and not people who are not professionals in law.

Do they not understand that by this act that they are violating the constitution every day?
Actually no they aren´t.  If there is a violation in his removal, which remains to be seen if it falls under the Law of Necessity then it ended when he was told formally over television that he could return at any time and face the law.  He has the right to return and turn himself into authorities at any time he wants no one is violating the law except Zelaya by refusing to submit to the law.
Do they have him detained already?
You can ask Zelaya why he isn´t detained.  Why he doesn´t return to face his date in court and prove his accusers wrong.  The problem is that the evidence doesn´t vindicate him it convicts him. You know that as well as I do.  An error does not negate the fact that a crime was committed by the offender. So removing him from Honduras doesn´t in essence give him the right to insist we forget his crimes.

They committed a crime today we have to pay with sanctions and world rejection.  Do not blame others, take responsibility for your acts with valor and honesty.

The world is not Honduras.  Here the world does not count, only Honduras and Honduran laws do.  This is an internal problem not a world problem. I think long ago we should have learned to stand on our own and we do not need help that comes with strings attached.
Citizens how much foolishness do they speak in your name?
You mean like the foolishness of Zelaya and Tamayo telling us to kill one another in a civil war? Like El Salvador? You know where over 100,000 are dead and can never be brought back to life.  What price? Is 100,000 enough? maybe you can offer your family up first? Me, no thank you...I will in exchange vote on November 29 and my protest will be in the ballot box not with the point of a machete or a gun.

In your eagerness to complain about the Micheletti admnistration violating the constitution you have left out a very important fact.  The violation of the rights of the children to an education.  I know you claim that no person owes obedience because you claim the government isn´t one you think is legitimate.  The problem is you don´t have a court in Honduras that has said the government is not legitimate.  You need a court order...where is it.. Furthermore, the children still are entitled to their rights and teachers aren´t obeying the government but the Constitution.  At no point does it say that the teachers do not owe obedience to the laws or constitution, just not the government.  In other words, do not pay your taxes if you don´t recognize the government.  You don´t get to beat up old men in Choluteca.  You don´t get to terrorize children from Abundant life Church.  You don´t get to attack a worker in Burger King nearly severing his arm and burning a private business ´Popeyes`.  You don´t get to attack private vehicles and burn them or threaten someone´s family with death because they disagree with you.  The supporters of Zelaya have done all of these things.
While you are lecturing others on the constitution I would like you to take a second look at that constitution and read all of it and not just the parts you want to read.
Read article 151-154 of the Constitution and tell me if it does not say that education is the responsibility of all Hondurans and is a children´s right.
Maybe I am missing it somewhere but where does it say in the Constitution that the President has the right to call a Constitutional Assembly? I believe that any Constitutional reform is the duty of CONGRESS and not the President which means he violated the law.


Wilfredo Santana Rodríguez

cartas, lector, opinion

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