Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Honduras and the United Mexican States

—Approve in all and each of its parts AGREEMENT No. 18-DT dated October 27, 2005, sent by the Executive Branch through the State Secretariat of the Ministry of Foreign Affairs, instrument that contains the TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF HONDURAS AND THE UNITED MEXICAN STATES, signed in the city of Tegucigalpa, Honduras, on the twenty-fourth of March of two thousand four, which literally states: "STATE SECRETARIAT OF THE MINISTRY OF FOREIGN AFFAIRS. AGREEMENT No.18-DT. Tegucigalpa M.D.C., October 27, 2005. THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC Section A Decrees and Agreements LEGISLATIVE BRANCH Decree: Approve in all and each of its parts AGREEMENT No. 18-DT, dated October 27, 2006. SECRETARIAT OF GOVERNANCE AND JUSTICE Agreements Nos.: 1103-A-2006, 1107-A-2006, 1134-2006, 1135-2006, 1136-2006, 1137-2006, 1203-2006, 1225-A-2006, 1226-2006, Section B: Nos 875-2006, 886-A-2006, X, 888-2006). SECRETARIAT OF EDUCATION Agreements Nos.: 4954-SE-06, 4955-SE-06, and 4955-SE-06. PROGRESS Section B Legal Notices AGREES: I. Approve in all and each of its parts the "TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF HONDURAS AND THE UNITED MEXICAN STATES", and which literally states. "TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF HONDURAS AND THE UNITED MEXICAN STATES. The Republic of Honduras and the United Mexican States, hereinafter called "the Parties"; AWARE of the close bonds of friendship between both peoples; GUIDED by the desire to promote greater cooperation between the two countries in all areas of common interest, including the repression of crime, AWARE of the importance of cooperating within the framework of their relations of friendship, and of providing legal assistance in criminal matters; Have agreed as follows: ARTICLE I. SCOPE OF THE TREATY. 1. The Parties undertake to provide mutual legal assistance in accordance with the provisions of this Treaty, in investigations and proceedings related to any criminal proceeding initiated for facts whose knowledge falls within the competence of the Requesting Party at the time the assistance is requested. 2. This Treaty does not authorize the authorities of one Party to undertake, in the territorial jurisdiction of the Other, the exercise or performance of functions whose jurisdiction or competence are exclusively reserved to the authorities of that other Party by its national legislation. 3. Legal assistance shall be provided regardless of whether the reason for the investigation, prosecution or proceeding being conducted in the Requesting Party is or is not a crime according to the national legislation of the Requested Party. 4. In the case of execution of precautionary measures, securing or seizure of goods, home searches, interception of correspondence or intervention of communications, assistance shall be provided when the fact originated is punishable according to the legislation of both Parties. When the fact whose origin is not punishable in the Requested Party, it may authorize the provision of assistance within the limits provided by its legislation. 5. The purpose of this Treaty is solely the provision of assistance between the Parties. The provisions of the Treaty shall not generate any right in favor of private parties regarding the obtaining, elimination or exclusion or rejection to obstruction in the fulfillment of a request. ARTICLE II. SUBJECT MATTER OF ASSISTANCE. Assistance shall include:

• a)

  gathering of evidence and obtaining statements from persons;

• b)

  providing information, documents and other records, including summaries of criminal files;

• c)

  location of persons and objects including their identification;

• d)

  search and seizure, in accordance with the provisions of Article I numeral 4;

• e)

  delivery of property, including loan of documents;

• f)

  making available persons in custody and others to provide testimony or assist in investigations;

• g)

  notification of documents including documents requesting the presence of persons; and h) other assistance consistent with the objectives of this Treaty, that is not incompatible with the legislation of the Requested Party. ARTICLE III. DENIAL OR DEFERRAL OF ASSISTANCE. 1. Assistance may be denied if:

  • a)

    the request refers to political crimes or offenses related to this type, in the judgment of the Requested Party;

  • b)

    the request refers to a crime typified as such in military legislation but not in the common law of the Requesting Party;

  • c)

    there are well-founded reasons to believe that the request for assistance has been made with a view to prosecuting a person by reason of their race, sex, religion, nationality, ethnic origin or opinions, or that the situation of that person may be prejudiced by any of these reasons;

  • d)

    the Requested Party is requested to adopt enforcement measures that would be incompatible in national legislation if the crime were subject to investigation or prosecution within its own jurisdiction;

  • e)

    the Requested Party deems that compliance with the request would jeopardize security or other essential interests;

  • f)

    the requirement refers to a crime for which the person has been definitively acquitted of criminal responsibility, having acquired, the sentence and obligations derived from the fact have been extinguished;

  • g)

    the execution of the request would require the Requested Party to exceed legal authority or otherwise be prohibited by the legal provisions in force in the Requested Party, in which case the Coordinating Authorities referred to in Article XVII of this Treaty shall consult with each other to identify legal means to ensure assistance or, h) there is a possibility that life imprisonment or the death penalty may be imposed or executed during the proceedings for which assistance is requested. 2. Assistance may be deferred by the Requested Party on the ground that granting assistance immediately would interfere with an investigation or proceeding being conducted. 3. Before refusing to grant the requested assistance or deferring such assistance, the Requested Party shall consider whether the assistance could be granted subject to those conditions, it shall comply with the same. 4. The Requested Party shall inform the Requesting Party with reasons about the decision not to grant in whole or in part a request for assistance, or if its execution is deferred, it shall set forth the reasons for such decision. ARTICLE IV. APPLICABLE LAW. 1. The fulfillment of a request for assistance shall be carried out in accordance with the national legislation of the Requested Party. 2. If the Requested Party deems it appropriate, it may, at the request of the Requesting Party, carry out the proceeding in accordance with the legislation of the Requesting Party, provided that it is not incompatible with the legislation of the Requested Party. DOUGLAS SHERAN MARCO ANTONIO RODRÍGUEZ CASTILLO Supervision and Coordination Telephone: Fax: Here: Plant: 230-3020 GOVERNMENT CIVIC CENTER La Gaceta REPUBLIC OF HONDURAS - TEGUCIGALPA, M. D. C., DECEMBER 4, 2006 No. 31,171 Secretariat of Governance and Justice AGREEMENT No. 859-2006 Tegucigalpa, M.D.C., August 1, 2006 THE STATE SECRETARY OF THE MINISTRY OF GOVERNANCE AND JUSTICE, EXERCISING THE POWERS WITH WHICH HE IS VESTED AND IN APPLICATION OF EXECUTIVE DECREES No. 001-2006 and 002-2006. AGREES: FIRST: Appoint the citizen JOSÉ GERARDO FLORES CASTRO, in the position of Special Technical Assistant I, Area 001, Unit DI, Administration Management and Coordination, Section 001, Position Code 0058, Group01, Level 04, Program 1-03, General Directorate of Migration and Foreign Affairs, Department 4-02. Who shall receive the salary assigned in the Budget of Income and Expenditure of the Nation. SECOND: This Agreement is effective as of August first of the present year, and shall be published in the Official Newspaper "LA GACETA". COMMUNICATE. JORGE ARTURO REINA IDIÁQUEZ SECRETARY OF GOVERNANCE AND JUSTICE SONIA LETICIA CRUZ LOZANO General Secretary Secretariat of Governance and Justice AGREEMENT No.1139-2006 Tegucigalpa, M.D.C., November 13, 2006 WHEREAS: That in the Republic of Honduras, on the twenty-third of November of two thousand five, General Elections were held to elect the President of the Republic, Deputies to the National Congress and Members of the Municipal Corporations. WHEREAS: That in accordance with the result of the general elections held, the citizen ELEUTERIO AGUILAR POSADAS was elected, as Fourth Councilman of the Municipal Corporation of San Isidro, department of Intibucá. WHEREAS: That the National Party of Honduras, through the citizen JUAN ORLANDO HERNÁNDEZ, in his capacity as Secretary of the Central Committee of the National Party of Honduras, requests through memorandum Memo-01-2004-2006 dated October 4, 2006, presented to this State Secretariat through administrative file V-10102006-528 dated October 10, 2006, the request for appointment of the citizen AMALIA MÉNDEZ SANTOS, as Fourth Councilman of the Municipal Corporation of San Isidro, department of Intibucá, in substitution of the citizen ELEUTERIO AGUILAR POSADAS, who filed his irrevocable resignation. WHEREAS: That through Executive Agreement No. 01-2006 dated January 27, 2006, the citizen JORGE ARTURO REINA IDIÁQUEZ was appointed in the position of State Secretary in the Ministry of Governance and Justice. THEREFORE: THE STATE SECRETARY IN THE MINISTRY OF GOVERNANCE AND JUSTICE, exercising the powers with which he is vested and in application of Article one, subsection b) of Executive Decree 002-2002 dated January 28, 2002. For which effect the President of the Republic delegates competence to the State Secretary of the Department, for the issuance of this administrative act in accordance with Articles 4 and 5 of the Administrative Procedure Law and 16 of the General Law of Public Administration, 41 of the Law of Municipalities 32 and 33 of the General Regulations of the Law of Municipalities. AGREES: FIRST: Appoint the citizen AMALÍA MÉNDEZ SANTOS, as Fourth Councilman of the Municipal Corporation of San Isidro, department of Intibucá, in substitution of the citizen ELEUTERIO AGUILAR POSADAS, who filed his irrevocable resignation. SECOND: Instruct the Department Governor of Intibucá, to proceed with the corresponding oath taking. THIRD: This Agreement shall enter into force as of this same date and shall be published in the Official Newspaper LA GACETA. COMMUNICATE. JORGE ARTURO REINA IDIÁQUEZ STATE SECRETARY IN THE MINISTRY OF GOVERNANCE AND JUSTICE SONIA LETICIA CRUZ LOZANO GENERAL SECRETARIAT Secretariat of Education AGREEMENT No. 4954-SE-06 Comayagüela, M.D.C., November 20, 2006 THE STATE SECRETARY OF THE MINISTRY OF EDUCATION WHEREAS: That the Sovereign National Congress of the Republic, created the National Awards for Art "PABLO ZELAYA SIERRA", Science "JOSÉ CECILIO DEL VALLE" and Literature "RAMÓN ROSA", through Decree No. 100 dated October 11, 1967. WHEREAS: That through Agreement No. 060-PE-2001 dated February 14, 2001, the Executive Branch resolved that citizens awarded with the National Awards for Art, Science and Literature, shall each be granted a monetary recognition in the amount of FIFTEEN THOUSAND EXACT LEMPIRAS (L. 15,000.00), Gold Medal and Honor Diploma. WHEREAS: That it is the duty of the State to recognize and value the merits of the illustrious citizens who have distinguished themselves in the fields of Science, Art and Literature, contributing to the aggrandizement of our national culture. WHEREAS: That in compliance with Decree No. 100 the Qualifying Jury of the National Award for Science "JOSÉ CECILIO DEL VALLE", created to select the illustrious citizens who have distinguished themselves in Science, has reviewed, analyzed and evaluated the curriculum and trajectory of the Proposed Candidates; selecting Dr. JOSÉ ADALID GUTIÉRREZ CASTRO, granting him the National Award for Science "JOSÉ CECILIO DEL VALLE", of the year 2006. WHEREAS: That Dr. JOSÉ ADALID GUTIÉRREZ CASTRO, has a high level of scientific production and research in the field of mathematics at the highest level being recognized within and outside the country, furthermore an extensive professional and academic trajectory with a great impact on national education. THEREFORE: Using the powers conferred by Article 247 of the Constitution of the Republic, Articles 33 and 36 numeral 6 of the General Law of Public Administration, Legislative Decree No. 100 dated October 11, 1967 and Agreement No. 0060-PE-2001 dated February 14, 2001. AGREES: 1. To grant to DR. JOSÉ ADALID GUTIÉRREZ CASTRO the NATIONAL AWARD FOR SCIENCE "JOSÉ CECILIO DEL VALLE", year 2006. 2. To deliver to Dr. JOSÉ ADALID GUTIÉRREZ CASTRO, a Gold Medal, Honor Diploma and the sum of FIFTEEN THOUSAND LEMPIRAS (L. 15,000.00). 3. To transcribe this Agreement to Dr. JOSÉ ADALID GUTIÉRREZ CASTRO, and to the media outlets of the entire country. COMMUNICATE AND PUBLISH. f) RAFAEL PINEDA PONCE. f) ABOG. CARLOS HUMBERTO ARITA, GENERAL SECRETARY. ABOG. CARLOS HUMBERTO ARITA MEJÍA GENERAL SECRETARY Secretariat of Education AGREEMENT No. 4955-SE-06 Comayagüela, M.D.C., November 20, 2006 THE STATE SECRETARY OF THE MINISTRY OF EDUCATION WHEREAS: That the Sovereign National Congress of the Republic, created the National Awards for Art "PABLO ZELAYA SIERRA", Science "JOSÉ CECILIO DEL VALLE" and Literature "RAMÓN ROSA", through Decree No. 100 dated October 11, 1967. WHEREAS: That through Agreement No. 060-PE-2001 dated February 14, 2001, the Executive Branch resolved that citizens awarded with the National Awards for Art, Science and Literature, shall each be granted a monetary recognition in the amount of FIFTEEN THOUSAND EXACT LEMPIRAS (L. 15,000.00), Gold Medal and Honor Diploma. WHEREAS: That it is the duty of the State to recognize and value the merits of the illustrious citizens who have distinguished themselves in the fields of Science, Art and Literature, contributing to the aggrandizement of our national culture. WHEREAS: That in compliance with Decree No. 100 the Qualifying Jury of the National Award for Literature "RAMÓN ROSA", created to select the illustrious citizens who have distinguished themselves in Science, has reviewed, analyzed and evaluated the curriculum and trajectory of the Proposed Candidates. Republic of the United Mexican States, as the coordinating authorities of the Parties. ARTICLE XIX. LIMITATIONS ON THE USE OF INFORMATION OR EVIDENCE. 1. The Requesting Party shall not use, a) the information or evidence obtained in accordance with this Treaty, for purposes different from those formulated in the request without prior consent of the coordinating authority of the Requested Party. 2. When necessary, the Requested Party may request that the information or evidence provided be kept confidential in accordance with the conditions it specifies. If the Requesting Party cannot comply with such conditions, the coordinating authorities shall consult to determine mutually agreed confidentiality conditions. 3. The use of any information or evidence that has been obtained in accordance with this Treaty, once it has been made public in the Requested Party within a proceeding resulting from the investigations or proceedings described in the request, shall not be subject to the restrictions referred to in paragraph 1. ARTICLE XX. LEGALIZATION. Evidence or documents transmitted through the coordinating authorities in accordance with this Treaty, shall not require any type of legalization. ARTICLE XXI. OTHER ASSISTANCE. This Treaty does not derogate the obligations that subsist between the Parties either in accordance with other Treaties, arrangements or in any other form, nor affects the Parties providing or continuing to provide assistance in accordance with other Treaties, arrangements or in any other form. ARTICLE XXII. COSTS. 1. The Requested Party shall cover the cost of the request for assistance, while the Requesting Party shall cover:

    • a)

      costs associated with the transfer of any other person from the Requested Party or at the request of the Requesting Party, and any cost or expense payable to that person while in the Requesting Party, as a result of a request, under articles XVII or IX of this Treaty;

    • b)

      costs and fees of experts whether in the Requested Party or in the Requesting Party. 2. If the request for assistance requires extraordinary expenses, the Parties shall consult to determine the terms and conditions under which assistance may be provided. ARTICLE XXIII. CONSULTATIONS. The Parties shall rapidly consult, at the request of either of them, on the interpretation and compliance of this Treaty, including articles VI and XVIII to avoid any disproportionate or unjustified effect on the Parties. ARTICLE XXIV. THIRD STATES. When a national or resident of one of the Parties is instructed by judicial authorities of a third state to act in a way that contravenes the law or public interest of the other Party, the Parties shall consult to identify means to minimize such conflict. ARTICLE XXV. ENTRY INTO FORCE AND TERMINATION. 1. This Treaty shall enter into force thirty (30) days after the Parties have notified each other, through diplomatic channels, that they have fulfilled the requirements demanded by their national legislation for such purpose. 2. This Treaty shall apply to any request submitted after its entry into force even if the relevant acts or omissions occurred before that date. 3. Either Party may terminate this Treaty at any time by written notification, delivered through diplomatic channels, and it shall cease to be in force one hundred eighty (180) days after receiving such notification. Signed in the city of Tegucigalpa, Honduras, on the twenty-fourth of March of two thousand four, in two originals in Spanish language both texts being equally authentic. FOR THE REPUBLIC OF HONDURAS. Leonidas Rosa Bautista, Secretary of Foreign Affairs. FOR THE UNITED MEXICAN STATES. Luis Ernesto Derbez Bautista, Secretary of Foreign Affairs. To Submit for consideration of the Sovereign National Congress the present Agreement for the purposes of Article 205 numeral 30 of the Constitution of the Republic. COMMUNICATE (F) RICARDO MADURO. THE State Secretary in the Ministry of Foreign Affairs. (F) MARIO ALBERTO FORJINIDENCIA."

—This Decree shall enter into force as of the day of its publication in the Official Newspaper La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the thirty-first day of the month of October of two thousand six. ROBERTO MICHELETTI BAÍN PRESIDENT JOSÉ ALFREDO SAAVEDRA PAZ SECRETARY GONZALO ANTONIO RIVERA ALTERNATE SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., November 7, 2006. JOSÉ MANUEL ZELAYA ROSALES - PRESIDENT OF THE REPUBLIC THE STATE SECRETARY OF THE MINISTRY OF FOREIGN AFFAIRS. MILTON JIMÉNEZ PUERTO