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To: Free ThinkerNY
However, removal of President Zelaya from the country by the military is in direct violation of the Article 102 of the Constitution, and apparently this action is currently under investigation by the Honduran authorities.

Possibly not.

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

Article 42: The status of citizenship is lost when:
4) Restricting the liberty to vote, altering electoral documents, or employing fraudulent means to undermine the will and the vote of the people.
5) Inciting, promoting, or supporting the continuance or reelection of the President of the Republic of Honduras.

5 posted on 09/25/2009 12:37:57 PM PDT by dirtboy
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To: dirtboy
You've been conned, lied to, and misled. This F.W. Blake whom you linked cited Article 42 and you repeated what he said as the the whole truth. But Blake left out the part of Article 42 that contradicted what he was claiming.

Article 42 consists of two parts: The first part is a list of six possible reasons for revoking citizenship; the second part gives the procedure for handling each of these cases. I am omitting Paragraphs 1 through 4 and 6 because they do not apply to Zelaya's situation. If you like, locate a copy of the Honduran Constitution and check out the second part.

ARTICLE 42.- Citizenship may be revoked: (omitting 1-4 and 6)
5. For inciting, encouraging, or supporting the term extension or re-election of the President of the Republic

In the cases referred to in paragraphs 1) and 2) the declaration of loss of citizenship will be issued by the National Congress through a circumstantial case established for the purpose (of removing citizenship). For the cases of paragraphs 3) and 6) per agreement by the Executive Branch, and for the cases of paragraphs 4) and 5) also by governmental agreement, after previous conviction handed down by competent courts.


ARTICULO 42.- La calidad de ciudano se pierde:...
5. Por incitar, promover o apoyar el continuismo o la reelección del Presidente de la República
...para los casos de los incisos 4) y 5) también por acuerdo gubernativo, previa sentencia condenatoria dictada por los tribunales competentes.


So per Article 42, before his citizenship can be revoked under Paragraph 5, two steps have to be taken: A competent court must first issue a ruling revoking Zelaya's citizenship and later the government must act on the revocation.

Neither of these constitutionally-required steps occurred. The Supreme Court in its timeline, in its deliberation, and in the arrest warrants it finally issued, referred to Zelaya dozens of times as Citizen Zelaya. And nowhere in its documents and judgments did the SC invoke Article 42.

The National Congress also referred to Zelaya as Citizen Zelaya several times in the resolution removing him from office. They did not cite Article 42 either. And they removed him from office after he had been deported.

So Zelaya's citizenship was never revoked and he was deported in direct violation of Article 102.
9 posted on 09/25/2009 11:09:31 PM PDT by normanpubbie
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