Law on Limitation of Mobile Cellular Telephone Services in Penal Centers at the National Level
Congreso Nacional
- Decree: 255-2013
- Published: January 31, 2014
- Issuing body: Congreso Nacional
- Gazette: 33,343
- Category: Criminal
Summary
This law prohibits cellular telephone companies from providing service inside prisons throughout the country. It orders the removal of antennas and blocking of signals in penal centers to prevent inmates from organizing crimes. Companies that fail to comply face fines of 20 million lempiras or lose their operating license.
Considerations
Whereas, in accordance with Article 59 of the Constitution of the Republic, "The human person is the supreme end of society and the State. Everyone has the obligation to respect and protect it."
Whereas Article 87 of the Constitution of the Republic establishes that: "Prisons are establishments of security and social defense. The rehabilitation of the prisoner and their preparation for the future shall be pursued in them."
Whereas currently the penitentiary centers in our country have become centers for the organization of different crimes through cellular communication, impeding the ultimate objective of rehabilitation and social reintegration, as mandated by the Constitution of the Republic and the international treaties and conventions subscribed to by Honduras, especially regarding the human rights of persons deprived of liberty.
Whereas, in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the responsibility of the National Congress to "create, decree, interpret, reform and repeal laws."
Whereas the State of Honduras protects the conservation, diversity, management, administration and sustainability of Forest Ecosystems, Protected Areas and Wildlife, because these natural spaces constitute the basis of economic growth, social and environmental development of the Republic.
Whereas by Legislative Decree No. 98-2007, dated September 19, 2007, the Forestry, Protected Areas and Wildlife Law was approved, which established the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF).
Whereas the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF), through the National System of Protected Areas of Honduras (SINAPH), promotes a series of projects and programs for the protection, conservation and reforestation in areas with forest vocation of public character, financed by the Fund for the Management of Protected Areas and Wildlife.
Whereas it is important to contribute, identify and establish sources of financing and the necessary mechanisms to fulfill the objectives of Legislative Decree No. 98-2007, Forestry, Protected Areas and Wildlife Law, and to provide attention and protection to more than sixty percent (60%) of Protected Areas and Wildlife that are in danger.
Amendments
- Modified by: Diario Oficial La Gaceta No. 33,436 (Amendment) — articles 1, 2
Articles
It is expressly prohibited for operators of Mobile Cellular Telephone Service and Personal Communications (PCS) to provide or render service in the physical spaces where penal centers or farms of the country are located.
The National Telecommunications Commission (CONATEL) is ordered to, jointly with the operators of Mobile Cellular Telephone Service and Personal Communications (PCS), proceed immediately and with a maximum term of ten (10) business days counted from the date of entry into force of this Decree, to dismantle the antennas that permit coverage of Mobile Cellular Telephone Service and Personal Communications (PCS) in the penal centers of the country or any other technical action that achieves the aforementioned objective.
The National Telecommunications Commission (CONATEL) is empowered to verify the installation of signal blocking devices and compliance with the provisions of this Law.
Non-compliance with the provisions of Article 2 of this Decree by operators of Mobile Cellular Telephone Service and Personal Communications (PCS) entails a fine of TWENTY MILLION LEMPIRAS (L. 20,000,000.00) when it is for the first time, and revocation of the concession contract in case of recurrence. Non-compliance with the order in the preceding Article by the National Telecommunications Commission (CONATEL) implies criminal responsibility.
This Decree shall be of immediate execution and must be published in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the sixteenth day of the month of December of two thousand thirteen. MAURICIO OLIVA HERRERA PRESIDENT, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., January 22, 2014. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Security. MARLON PASCUA DEAN OF THE HONDURAN PRESS LIC. MARTHA ALICIA GARCIA JORGE ALBERTO RICO SALINAS Coordinator and Supervisor Address: Barrio Abajo Telephone/Fax Management: 2230-6956 Administration: 2230-3026 Plant: 2230-6787 GOVERNMENT CIVIC CENTER DECREE No. 133-2013
Related laws
- Law on Limitation of Telecommunications Services in Penitentiary Centers — This law prohibits all telecommunications services (cell phones, internet, television, etc.) in prisons, penal farms, and youth detention centers in Honduras. It requires telecommunications companies to install signal blockers at these facilities at their own cost to prevent inmates from communicating outside prison and ensure penitentiary security. (Decree 43-2015)
- Decreto Legislativo No. 43-2015 — Ley de Limitación de Servicios de Telecomunicaciones en Centros Penitenciarios, Granjas Penales y Centros de Internamiento de Niñas y Niños a Nivel Nacional — This law prohibits all telecommunications services (cell phones, internet, satellite, etc.) inside prisons and juvenile detention centers in Honduras. Telecom companies must install signal blockers at their own cost, facing fines up to 20 million lempiras for non-compliance. Anyone bringing or using these devices in prison faces 3 to 7 years imprisonment. (Decree 43-2015, 2015)
- Decreto Legislativo No. 95-2017 — Reforma del Código Penal, Código Procesal Penal, Ley del Sistema Penitenciario Nacional y Ley de Limitación de Servicios de Telecomunicaciones en Centros Penitenciarios — This law reforms Honduras' judicial and penitentiary system to implement electronic monitoring as an alternative to imprisonment. It allows judges to monitor accused or convicted persons using electronic devices at their homes, reducing prison overcrowding and ensuring public safety. It affects people in criminal proceedings, the convicted, and the National Penitentiary Institute. (Decree 95-2017, 2017)
- Decreto Legislativo No. 98-2017 — Reforma al Código Penal, Código Procesal Penal, Ley del Sistema Penitenciario Nacional y Ley de Limitación de Servicios de Telecomunicaciones en Centros Penitenciarios — This law introduces electronic monitoring systems (tracking devices) in Honduras to supervise people on conditional release, precautionary measures, or pre-release from prison. The judge decides whether to apply this system instead of jail, and non-compliance results in imprisonment. It also permits limited telecommunications services in prisons for security coordination purposes. (Decree 98-2017)
- Law on Limitation of Telecommunications Services in Penitentiary Centers — This law prohibits all telecommunications services (cellular, internet, television, etc.) inside prisons, penal farms, and youth detention centers in Honduras. Telephone companies must install signal blockers at no cost to the State, and penalties include fines and imprisonment for anyone attempting to use or bring electronic devices into these facilities. (Decree 43-2015, 2015)