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APPENDIX 14- Original text in Spanish La Gaceta Section A, Agreements and Laws Republic of Honduras - Tegucigalpa, M.D.C., February 2, 2010 No. 32,129

Legislative Branch DECREE No. 2-2010

The National Congress: WHEREAS: Honduras is a sovereign state of laws, established as a free, democratic, and independent republic, with the aim of ensuring its inhabitants the enjoyment of justice, liberty, culture, and economic and social wellbeing; WHEREAS: Pursuant to the Constitution, our form of government is republican, democratic, and representative, to be exercised by three (3) branches–the legislature, the executive, and the judiciary–that are complementary, independent, and not subordinated to each other; WHEREAS: The framers of the Constitution provided that the government be based on the fundamental principle of participatory democracy, crystallized with national integration through the involvement of all political sectors in the administration of the State, thus ensuring and strengthening the progress of Honduras on the basis of political stability and national conciliation. And all this with the aim of making citizen participation a reality by instituting, for the purpose, legal mechanisms for citizen consultation through plebiscites and referenda; WHEREAS: For the consolidation of universal peace and democracy, Honduras embraces the principles and practices of international law and, to that end, binds itself to respect and observe the international treaties adopted and ratified by the branches of government; WHEREAS: Our Constitution orders that alternation in the office of the President of the

Republic is obligatory and that any breach of that mandate shall constitute the crime of treason against the fatherland, bringing the corresponding consequences of: (a) loss of citizenship, (b) immediate cessation of functions, and (c) disqualification from all public offices for a period of ten (10) years, irrespective of the sanctions of imprisonment provided for in the Criminal Code; WHEREAS: Upon taking office, all public officials are obliged to swear loyalty to the Republic and to observe and enforce the Constitution and the law; to understand that as public servants, they have no powers other than those expressly conferred by law and that, as the bearers of authority, they are legally responsible for their official conduct, which is subject to the law and at no time above it; and that consequently, all actions taken beyond the law shall be without effect and shall trigger civil, criminal, and administrative responsibility; WHEREAS: The content of the constitutional provisions referred to in the preceding paragraph indicates that in Honduras the law is not an instrument of power but that power is an agent of the law, thus maintaining that the functions performed by each of the three (3) branches of government, when they arise from what the current laws establish, must be observed and complied with in all their terms; WHEREAS: Amnesty is an act of government and of sovereignty that is a part of the constitutional system, which, through the mandate of popular sovereignty, expressed with the utmost clarity in the Supreme Law, may only be extended by the National Congress, solely and exclusively for the remission of political crimes and common crimes associated

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therewith and may not be extended as a form of pardon for any other type of criminal offense; WHEREAS: When the State, through the National Congress, covers political crimes and their associated common crimes with the blanket of remission, all it is doing is declining or renouncing, in those circumstances, the power to repress or punish those specific criminal offenses, thereby eliminating the criminal action and extinguishing the penalties applicable to those actions and all their legal effects with the exception of the right to redress for the harm inflicted as a result of the agent’s unlawful actions. With this, the beneficiaries of the pardon are exempted from criminal responsibility, in order to consolidate the unity and peace of the nation; WHEREAS: Doctrine defines as political crimes all actions that aim to attack: (1) the existence and security of the State, (2) the system of government, and (3) the rights of the citizen; WHEREAS: For criminal purposes, political crimes are defined as those indicated in Title XI, Chapters I, II, and III, and Title XII, Chapters II, V, VI, and VII, of the Second Volume of the Criminal Code. Common crimes associated with political crimes are those that bear a direct or immediate relationship with a political crime or that are a natural and usual means for preparing, committing, or abetting such a crime; WHEREAS: To contribute to the peace, harmony, and national reconciliation of the Honduran family and thus prevent the continuation of conflict for ideological and political reasons, the approval of this pardon extended by the State is appropriate. WHEREAS: Honduran criminal law punishes not only crimes consummated but also crimes attempted, which it sanctions as if they had been committed, taking them to exist when the perpetrators carry out unmistakable acts of

execution which are not consummated for reasons unrelated to the will of the perpetrators; WHEREAS: The actions of the Executive, expressly manifested by the incumbent serving as the President of the Republic, in Cabinet, in issuing Executive Decrees Nos. PCM-019-2009 and PCM-020-2009, both of May 26, 2009, and both published in the official journal La Gaceta No. 31,945 of June 25, 2009, together with the numerous notorious facts revealed by most of the public officials who worked with him and for him, indicated that the judgment handed down by the judiciary declaring the illegality of the popular consultation known as the “Survey,” the apparent aim of which was to reveal public opinion regarding a review of the Constitution of the Republic as a whole, including the Untouchable Articles, would not be obeyed, in an act of open contempt and illegality that would entail disregarding one of the branches of government; WHEREAS: The Honduran State is a signatory of various international treaties and agreements regarding the establishment of a single effort against corruption and others based on the international legal principles of human solidarity and the consolidation of peace and democracy, and consequently acts of corruption are not considered associated political crimes even when allegedly committed for political reasons or goals. CONSEQUENTLY: The National Congress, in exercise of the powers vested in it and pursuant to Articles 1, 2, 3, 4, 5, 15, 59, 189, 205 (sections 12, 16, and 20), 239, 321, 322, 323, 324, 326, 242, and other applicable articles of the Constitution of the Republic, and in obedience to urgent social and political demands of public interest that necessitate a call for concord, harmony, and national reconciliation, DECREES: ARTICLE 1. The granting of a GENERAL AMNESTY to those citizens who attempted or

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consummated the offenses listed in the following Articles of the Criminal Code: 302, 310-A, and 311 of Title XI Chapter I (On the Crime of Treason Against the Fatherland); 328 sections 1, 2, and 4, 329, and 330 of Title XII Chapter II (On Crimes Against the Form of Government); 335 sections 6, 7, and 8 of Title XII Chapter V (On the Crime of Terrorism); 337 sections 1, 3, 4, and 5, 338, and 340 of Title XII Chapter VII (On the Crime of Sedition); all of which are defined as political crimes; and solely those associated common crimes covered by Articles 292 of Title IX Chapter IV (On Usurpation of Authority); 331 of Title XII Chapter III (On Offenses Committed by Individuals Against the Exercise of the Rights Guaranteed by the Constitution); 346 and 349 sections 1, 2, 3, and 4 of Title XIII Chapters II and III respectively (On Crimes of Disobedience and Abuse of Authority and Violation of Duties by Public Officials) of the same legal code. No actions that constitute crimes related to acts of corruption, such as misappropriation of public funds, illicit enrichment, bribery, and others defined as such in criminal legislation, or that constitute crimes against humanity or human rights violations, shall be covered by this Decree. The actions covered by this Decree were attempted or consummated in the period from January 1, 2008, to January 27, 2010, inclusive. ARTICLE 2. The competent courts shall, on their own initiative or at the request of an interested party, dismiss all proceedings that they are hearing and that are covered by this benefit. ARTICLE 3. Investigations and other formalities currently being processed by the offices of the Public Prosecution Service shall be sent to the administrative archive by that agency under the terms of the pardon granted hereby, abiding for that purpose by the terms of Article 40 of the law governing the agency named in this paragraph; and,

ARTICLE 4. This decree shall enter into effect twenty (20) days following its publication in the official journal La Gaceta. Given in the City of Tegucigalpa, Central District Municipality, in the Sessions Chamber of the National Congress, on the Twentyseventh day of January, Two Thousand and Ten.




To the Executive Branch: Consequently, may it be thus executed. Tegucigalpa, M.D.C., January 27, 2010 PORFIRIO LOBO SOSA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC The Secretary of State for the Interior and Justice