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January 31, 2014In force

Law on Limitation of Mobile Telephone Use in Penal Facilities 2014

Congreso Nacional

  • Decree: 133-2013
  • Published: January 31, 2014
  • Issuing body: Congreso Nacional
  • Gazette: 33,343
  • Category: Criminal

Summary

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This law prohibits mobile phone companies from providing service inside Honduran prisons. It orders the removal of antennas and blocking of signals in penal facilities to prevent inmates from using cell phones for crimes. Companies that fail to comply face fines of 20 million lempiras or loss of their license.

Considerations

Whereas, in accordance with Article 59 of the Constitution of the Republic, "The human person is the supreme purpose of society and the State. Everyone has the obligation to respect and protect it." WHEREAS: That Article 87 of the Constitution of the Republic establishes that: "Prisons are establishments of security and social defense. The rehabilitation of the inmate and their preparation for work shall be pursued therein."

Whereas, currently the penitentiary centers of our country have become centers for the organization of different crimes through cellular communication, losing their final objective of rehabilitation and social reintegration, as mandated by the Constitution of the Republic and the treaties or international conventions signed by Honduras, especially regarding 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 for supporting economic growth, social and environmental development of the Republic.

Whereas, by means of Legislative Decree No. 98-2007, dated September 19, 2007, the Forest Law, Protected Areas and Wildlife was approved, which creates the National Institute for Conservation and Forest Development, Protected Areas and Wildlife (ICF), a deconcentrated entity of the Public Administration, executor of the national policy for conservation and forest development, protected areas and wildlife of Honduras.

Whereas, the National Institute for Conservation and Forest Development, Protected Areas and Wildlife (ICF), through the National System of Protected Areas of Honduras (SINAH), promotes a series of projects and programs for the protection, conservation and reforestation in areas of forest vocation of public character sustained financially by the Fund for the Management of Protected Areas and Wildlife.

Whereas, it is important to contribute to, identify and establish the sources of financing and the necessary mechanisms so that the objectives of Legislative Decree No. 98-2007, Forest Law, Protected Areas and Wildlife are met, and attention and protection are provided to more than sixty percent (60%) of Protected Areas and Wildlife that are in a situation of danger.

Articles

Article 1.-

It is expressly prohibited for operators of the Mobile Cellular Telephone Service and Personal Communications (PCS) to provide or render service in the physical spaces where the penal centers or farms of the country are located.

Article 2.-

The National Telecommunications Commission (CONATEL) is ordered to proceed immediately, jointly with Mobile Cellular Telephone and Personal Communications (PCS) operators, with a maximum deadline of ten (10) business days counted from the date of entry into force of this Decree, to dismantle the antennas that permit the coverage of Mobile Cellular Telephone and Personal Communications (PCS) service in the penal centers of the country or to undertake any other technical action that achieves the aforementioned objective.

Article 3.-

The National Telecommunications Commission (CONATEL) is authorized to verify the installation of signal-blocking devices and compliance with the provisions of this Law.

Article 4.-

Non-compliance with what is established in Article 2 of this Decree by Mobile Cellular Telephone and Personal Communications (PCS) service operators entails a fine of TWENTY MILLION LEMPIRAS (L.20,000,000.00) for the first offense, and revocation of the concession contract in case of recidivism. Non-compliance with what is ordered in the preceding Article by the National Telecommunications Commission (CONATEL) implies criminal liability.

Article 5.-

This Decree shall be executed immediately 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 THE LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let it be executed. 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 Legislative Branch (DECREE No. 133-2013) THE NATIONAL CONGRESS: WHEREAS: The State of Honduras safeguards the conservation, diversity, management, administration and maintenance of Forest Ecosystems, Protected Areas and Wildlife, because these natural spaces constitute the basis of support for economic growth, social and environmental development of the Republic. WHEREAS: Through Legislative Decree No. 98-2007, dated September 19, 2007, the Forest Law, Protected Areas and Wildlife was approved, which creates the National Institute of Conservation and Forest Development, Protected Areas and Wildlife (ICF), a deconcentrated entity of the Public Administration, executor of the national policy of conservation and forest development, protected areas and wildlife of Honduras. WHEREAS: The National Institute of Conservation and Forest Development, Protected Areas and Wildlife (ICF), through the National System of Protected Areas of Honduras (SINAH), promotes a series of projects and programs for protection, conservation and reforestation in areas of forest vocation of public character sustained financially by the Fund for the Management of Protected Areas and Wildlife. WHEREAS: It is important to contribute, identify and establish the sources of financing and necessary mechanisms so that the objectives of Legislative Decree No. 98-2007, Forest Law, Protected Areas and Wildlife are met, and attention and protection are provided to more than sixty percent (60%) of Protected Areas and Wildlife that are in danger.

Notes

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