Wednesday, December 23, 2009

Tarek Mehtaka Ultachosma

Presentation at the Ateneo de Madrid Madrid

On November 30 Franco Behind bars present at the Ateneo de Madrid and really was a success, with hundreds of people filling the room.

After presenting the whole project and the review of Santiago by some of the most important aspects of the work, Mirta Nuñez and Julio Arostegui contributed their words at the meeting. After the speeches, there was an interesting debate as well as seasoned by the words of some prisoners who were among the attendees.

Then we'll leave you a picture of the act.

Thank you for your assistance and support.





Tuesday, December 15, 2009

Are Truffles Safe To Eat During Pregnancy?

Statement of the Venezuelan Association of Constitutional Law, 10 years





KPO
Globovisión

Members of the Venezuelan Association of Constitutional Law and the Academy of Political and Social Sciences, denounced on Tuesday the disrespect for the constitution by authorities, who "undermine the cooperation between the powers" to subject the government to obey orders of the executive.

Jesús María Casal, president of the Venezuelan constitutional law, said it is necessary to rescue the democratic pluralism, "it must finish open campaign for disqualification that comes mainly from government circles, who are the first that should be required to comply with this pluralism. " He also stated that it has become daily denial to recognition of a legitimate opponent.

The lawyers also expressed concern stating that centralization is necessary to provide services to community organizations, as established by the constitution, through the states and municipalities to be able to decentralize and strengthen communities to them.

Ramon Duque Corredor, a member of the Academy of Political and Social Science, reported la “ocupación o secuestro” por parte de la policía política del tribunal 31 de control y la orden de detención de su titular; sin cumplir con el debido procedimiento por disposición del Ministerio Público. De esta manera considera que ahí se evidencia el sometimiento de los poderes públicos “al poder más poderoso”.

Así pues, el contenido del texto legal que fue aprobado hace diez años, se estaría rigiendo por una “constitución alterna” y que el término de “colaboración entre poderes” estaría siendo alterado.

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popular approval of the Constitution of the Bolivarian Republic of Venezuela

Declaración de la Asociación Venezolana Constitutional Law

This December 15th marks the 10th anniversary of the adoption by referendum of the Constitution of 1999, significant lapse in the Venezuelan constitutional history, not only for its temporal dimension deserves reflection. To the commemoration of the Venezuelan Association of Constitutional Law had three major objectives: to make a critical assessment of the contents of the 1999 Constitution, and second to analyze the applicability of constitutional provisions and, thirdly, we report the process of "de-constitutionalization" which has operated in this decade, since those in power has ignored not only the Constitution of 1999 but, even worse, the very idea of \u200b\u200bconstitution.

The 1999 Constitution is a product of a constitutional text Constituent National Assembly, taken as a symbol and as a founding myth. While there was a product of consensus, there was a debate in the first phase of discussion largely reflected what was discussed and reflected in the eighties and nineties about the reform. Its content involves a combination of liberals, socialists and republicans, a mixed formula that expresses the coincidence of various sectors.

For various reasons, she has not been able to prevent the revival of political personalism seemed typical of the nineteenth century, which is installed together with a process of concentration of power, a trend observable from the moment of the promulgation of the Constitution.

is a process of concentration of power that corresponds to a strategy of leading direct-to-mass ratio, assumed as part of a political project, which in turn is linked to the development of a set of tactics aimed at the 'confrontation enemy ', even if it is simply the electoral opponent, a process in which the unwritten rules of the game play a major role, becoming the political rules, making decisive in environment in which judicial practice casuistry is imposed as a political tool, leading to criminalization of politics and politicization of justice.

This process of concentration of power is expressed as:

a) political and institutional concentration, while re-centralization process or return to centralism, of regression in the development of decentralization, or dismantling the federal state, observable in both contradictions of the Constitution (Articles 156 and 164), and in the development of the relevant legislation, accompanied by the relevant measures, such as ignorance of fact the results of the 2008 election, undermining and ignoring regional and local authorities. But, while strengthening the presidential process, observable in the text of Articles 156 and 236 of the Constitution, and the new referendum on term limits, which had already been rejected in 2007 and its subsequent approval by referendum popular, the process is reaffirmed in the submission, in practice, the public bodies to the dominance of the National Executive.

b) Concentration social policy, both in regard to political parties and organizations of society, the former, are normatively weakened as an institution being adopted in the Constitution the euphemistic formula: associations with political aims, while in practice a strategy is developed initially based on the partisan dispersion, based on a single command (the leader), seeking to dilute the old parties called status including circumstantial allies, later to take institutional shape as a party of one-party government with a single command. It also causes loss of independence and autonomy of the organizations of society, and will replace the concept of citizenship by the town, to assume as a mass leader seeking direct-masses.

c) Re-political-economic concentration, in terms of development of capitalist rent. This involves the development of a strategy for economic strengthening of the state, from which it emerged as a key element making PDVSA to make use of such economic strength as a political tool, accompanied by a 'hard' measures of taxation and nationalization.

d) Taking centralized armed power. The new treatment that has received the National Armed Forces is the seed of the tendency to turn in support of a political regime, unlike the role and performance that should be in a democratic system. Also, the armed forces have cornered several spaces both in the public administration and on society itself.

The regime built at the expense of the Constitution of 1999 was characterized by features of populism, militarism, and total domination, but within a formal framework of democracy, with an outline marked by the continued holding of elections which have not ceased to be competitive despite the disadvantages and the imbalance caused by the dominance of the various organs of government and especially the electoral umpire. As the scheme is a dynamic or a feature in an institutional framework prevailing in the unwritten rules of the game, and the law ceases to be the democratic expression of the representation plural in parliament to become normative text imposed by a will that is expressed in a relationship that is sent and is not governed, as determined by a leadership that is based on leading-mass relationship, assisted by the Armed Forces and sustained patronage nothing new relationship, based on the state's economic strength that comes from oil revenues.

10 years after the Constitution is necessary to recover the value and the guarantee of the Constitution as a rule, it is the duty of us citizens to fight for the restoration of the authority of the Constitution and its principles, which require the life of the people, deepen higher values \u200b\u200band are erected in ensuring respect of our rights and the achievement of democratic coexistence on the basis of justice and equity, and as an academic association are committed to this struggle.

The spirit and purpose of the 1999 Constitution sought the consolidation of democracy, based on values \u200b\u200band principles aimed at safeguarding the rights and freedoms of the individual. Superimpose on them the collective interest in the context of popular constitutionalism is indefinite as well as assign rights to the State to the detriment of the rights of citizens.

With support those ideas we conclude that:

1) The constitutional and democratic state of law is not the one that determines discretion about the rights of the people, but that recognizes, protects and guarantees these rights, subjecting himself to the supervision and control of citizen power is, after all, the real sovereign power.

2) The system of checks and balances contained in the principle of separation of powers is fundamental to the constitutional democracy does not preclude cooperation between public bodies in the exercise of their functions.

3) must rescue the value that the Constitution guarantees human rights, demanding respect and guarantee state organs, which must follow the decisions taken by bodies relevant international.

4) It is essential to activate operational mechanisms against corruption, the main scourge of our political society, promoted by a bureaucratic practice is conducted without real access to public participation and not subject to effective controls.

5) It is imperative to curb the progressive deconstitutionalization affecting national political life.

6) perform urgent dialogue processes to achieve basic social and political consensus covered by the common denominators reflected in the 1999 Constitution.

Jesús María Casal
Chairman of AVDC Argenis Urdaneta


Vice
AVDC
Carlos Useche Luis Carrillo
Judith

José Vicente Haro María Elena León Enrique Sanchez Falcon

Alma Chacón Juan Berrios

Ronald Chacin
Humberto Jesús María Alvarado Njaim

Orsini Marie Picard M. Liliana Fasciani

Cigna Dental Ppo Vs Dhmo

collaborators Powers are powers under the Constitution

is absurd and an insult to the fundamental principles of democracy and the rule of law, drawing on the commemoration of the life of the current Constitution and using the highest court as a forum to proclaim as a justification of principle of separation of government old and outdated thesis of collaborating, rather than independence, when this is the real reason be that principle. And more absurd is that those whose function is to safeguard the integrity and supremacy of the Constitution and the autonomy of the judiciary to become spokesmen for a thesis which is the referral of powers to be stronger or more powerful.

Indeed, the lawyers of the National Socialist State, Fascist State and the Soviet and Cuban Communist states are those who argued for and advocated the constitutional organization of state power vertically or cascade, where the powers are simply partners in the exercise of power by the dominant political.

For example, according to this thesis, the branches of government are organized as follows: First you choose a political assembly composed CANDIDATE chosen by the head of the ruling party after the Assembly delegates her powers to the Chief Executive, which is the same Leader of the Party and he then proceeds to appoint the members of the judiciary and other public authorities. An illustrative example of this pattern of concentric and tyrannical state of powerful collaboration is the Cuban socialist state in which the People's National Assembly holds the supreme power, exercised through Council of State, whose president, in addition to being Leader of the Party, is also Head of State, Government and Armed Forces, and who is constitutionally delegated legislative function to issue decrees and laws which are hierarchically subordinate Court Supreme People's Court and the Attorney General's Office. Therefore, to the promoters of this thesis collaborationist state, "The Constitution is the will of the party or the will of the Führer or the Supreme Leader," which should work with the rest of the existing formal powers. Therefore, these farmers of the State concentric fully reject the principle of separation and independence of powers, proper democratic state of law, because in this kind of state does not fit the concept of a state where public authorities serve or contribute to the realization of a single political will. By contrast, the law states real democracy is measured by the strength and independence of public powers, particularly the judiciary, which is charged with the primary function of ensuring the application of this principle. And where collaboration between authorities is the balance between the different branches of government are of equal standing and independent exercise of their functions harmoniously to serve the highest values \u200b\u200bof the Constitution and primarily to the recognition of control of compliance with the constitutional principles by the Executive and the other powers by the judiciary. The collaboration between powers who have equal status is not collaboration, as it can, by definition, is the submission of the various powers to impose political will and dominate in the State.

The Venezuelan people in 1999, by adopting the current constitution referendum and in rejecting in 2007 the constitutional reform proposal advocated a concentrated public power, and anti-federal antirepresentativo ratified libertarian faith in upholding the principle of separation and independence public authorities that make up the republican tradition and the highest values \u200b\u200band democratic guarantees of our society, which according to the preamble and Articles 2, 3, 6 and 350 of the current Constitution, is a principle irreversible. In fact, separation of state powers as the basis for the division of the exercise of state power to prevent their concentration in a single political will is a guarantee of freedom and democracy. By contrast, the collaboration of the authorities is to serve the most powerful. Just remember off the old absolutist thesis collaborators who, since the Declaration of the Rights of Man and Citizen of 1789, is a postulate of political freedom "Any society that is not secured the guarantee of rights, nor determined the separation of powers has no constitution." And the more recent texts, such as the Lisbon Treaty on European Union, the Inter-American Democratic Charter, the Treaty of Asunción and the Protocol of Ushuaia, among others, form the principle of separation of state as its balance and independence because without it we can not guarantee the exercise of freedom, strengthening democracy and respect for human rights.

greatly concerned that those who have a serious responsibility to interpret impartially the Constitution to ensure its integrity and ensure the supremacy and independence of the judiciary, identify them with thesis is contrary to the democratic rule of law, and in a contradictory and incompatible with that responsibility, encourage constitutional amendments to end full separation and independence of public authorities to allow their subordination to a single political will, through the establishment of the totalitarian thesis collaborationist old vertical organization or cascading of state power. Which casts doubt on the freedom and fairness of judicial discretion of the spokesmen of these anti-democratic thesis exercising judicial function the constitutionality of the acts of the executive and legislative powers, that further distorts the already tarnished image of the judiciary in national and international level.

Finally, an example of collaboration, such as retired judges have denounced the Judicial Circuit of Caracas, is what happened recently with the occupation of the political police precinct 31 Court Control of the Metropolitan Area of \u200b\u200bCaracas and order arrest of the owner of this Office, his deputies and their lawyers, without complying with due process, by the Attorney General, to replace the appeals against the decision issued by that judge, and public and advance the status of "offender" of the Judge and the maximum penalty will be applied, formulated by the President of the Republic, the highest judicial authorities have called the usurpation of judicial functions and direction of government and administration of the judiciary.

Caracas December 15, 2009


Dr. Roman J. Duque Corredor
President of the Academy of Political and Social Sciences.

Tuesday, November 24, 2009

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presentation of the book BEHIND BARS

Ateneo de Madrid: Monday 30 November: 19.30

participate in the act: July

Aróstegui

Sánchez, professor emeritus at the University Complutense

Balart Mirta Díez Núñez, Professor of Social Communication UCM

Jaime Ruiz, Division of Science Education University


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FRANCO Exposure THE DICTATORSHIP OF FRANCO: FORTY YEARS OF REPRESSION continues its journey

exposure FRANCO DICTATORSHIP: FORTY YEARS OF REPRESSION, after your stay in Segovia and his time in Santiago de Compostela, is available to any association, council, collective, college ...
consists of 24 panels, very convenient for transportation.


take this opportunity to tell you that is available catalog of the exhibition, and we have discs containing exhibition panels for convenient viewing on your computer.










Thursday, November 5, 2009

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Defender is our best defense

The 1999 Constitution is the subject, almost from the very year of its enactment, of innumerable attacks and timely violations, especially by those who are required to ensure compliance. The continued disregard of the Constitution has questioned its vital importance and highest rank as the supreme norm for certain sectors of Venezuelan society, through interpretation and manipulation that it makes the President, judges and judges of Power Judicial, most of the deputies of the National Assembly and other representatives of other public bodies, who take the principles and constitutional rules as contingency provisions and subject to change depending on the interest, regardless of the legal proceedings.

The government's reluctance to build bridges of reflection and dialogue to the opposition political parties and, in general, all sectors of society seems to have no short term solution. The arrogance of that and the impotence of these are manifested in the disorder, corruption and the dismantling of state institutions, without any possibility of agreement and solve the most pressing problems. The submission of public policy to a particular ideological current as means and end of state policy committed to end the greatest satisfaction of social needs and, therefore, creates a pernicious dependence of citizens with respect to State through a single channel of the government. Membership or the approach to the ruling party almost mandatory as a condition for recognition of certain fundamental rights is one of the most despicable forms of disrespect for human dignity.

The argument from ignorance has no place in a society that lived through the experience of democracy for four decades and is able to distinguish between a defective democracy but freedom of a false democracy without freedom. Assume

inevitable systematic violation of fundamental rights guaranteed in the Constitution and the forced imposition of a de facto quasi-legislation that contravenes and nullify the principles and provisions enshrined in it, in a sort of ongoing constitutional mutation, citing the ineffectiveness of going before the courts or inaccessibility to the legislature, is tantamount to denying the value and importance of the Constitution. The functional utility of this paper is precisely to establish limits on both the exercise of power as the exercise of the rights and freedoms.

Assume a passive attitude, whether by necessity, and indifference, and by mere opportunism, or perhaps not knowing what to do with the government advanced in its project of transforming society in a socialist commune and obsolete stamp democratic rule of law in a rigid and willful monolith, leads inevitably to a state of servitude that no people should be willing to allow. Condition the solution of problems of municipalities and states across the country to verify the electoral trend in these regions, is discriminatory.

consider the Constitution an instrument for the protection of our rights and guarantee of our democratic freedoms, but in the present circumstances should be understood that it is she who needs to be protected and only we can defend it. M. Liliana Fasciani


Thursday, October 29, 2009

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public authorities against the Constitution

It seems suitable to make some observations about the performance of public bodies address the Constitution and also against what is established therein. Insisting on this can contribute to rational and constructive criticism that will eventually lead to a correction. Try to highlight some aspects that, in my opinion, unprecedented and are feeling sad, at least, disturbing.

I differentiate between the prepositions from and against. With the first - against - intend to refer to so publicly exposed as public bodies when they interpret, or apply, rightly or wrongly, the Constitution, ie the image projected by his performance, in line or dissonance with the common idea of \u200b\u200bwhat it is, what it does and how you live the Constitution. It is basically of two projections: one, to the outside, to society, in the sense of how we perceive the behavior of representatives of public power in the development of their activities, when we compared with the provisions of Article 7 of the Constitution, in its capacity as supreme law subjects all persons and bodies exercising public power, the other to the internal, that is, to themselves, in the sense of their own perception of how everything and how do they do impact on institutions and a reference mark on society. For Moreover, with the preposition denoting try against opposition or contrariety of some of their actions with regard to the Constitution.

In both formulations, understand performance, in addition to the activities of the position held those in power, based on their responsibilities under the Constitution, the behavior they display in their specific product features and their respective activities .

find that the facts as presented, be presumed that the distance between the must be and what is in all areas of public action, reflects a position taken consciously in which confuse the public and private, ie the public with personal conduct. I think this merger is inappropriate that gives rise to the personalization of power and therefore the underestimation of the Constitution. The end is reached when there is no reason, in practice, the replacement of the constitutional supremacy for political supremacy, or even worse, for the supremacy of individual will. In other words, we know we've touched bottom when we think of having retraced the long and winding road by which we come to the government of laws to return, unforgivably, the government of men. Many wonder

how could this happen. The only answer that I venture to offer is that revolutions are not democratic nor constitutional. No revolution has ever been done by applying the precepts of the Constitution, nor the rules of democracy. Revolutions have their own mechanisms, none of which is in the constitutional texts that proclaim the rule of law, which enshrine and guarantee the protection of fundamental rights and freedoms, establishing the separation and mutual control of public authorities which provide certain procedures for constitutional reform.

In short, the ways that travel revolutions, invariably in a hit and run over to others, do not appear on maps in which constitutional to confer powers on par with those who are elected or appointed to exercise power, they also impose limits in order to curb any excesses in performance of their duties and avoid any abuse of authority. None of this is included free in the constitutions of democratic states of law. Historical experience has shown, again and again that human greed for power is unlimited and insatiable. And so far, the only way to civic, peaceful and legitimate power make it difficult to become a dangerous tool in the hands of its bearers, setting limits is accurate and effective by the Constitution.

So do not hesitate to say that is a mistake to understand the Constitution as a way ideological manifesto, with which the masses want catechize by the lie of a quasi-religious fear to any other doctrine or ideological bias, or as a political project designed by a small group of people, whether academics, businessmen, technocrats, military or professional politicians, whose ideal state and society infallible perfect obnubila them to the point of preventing them from recognizing that on the fragile foundation of Utopia is not possible to reconstruct a country affected in body for real needs and problems, or as a government program whose implementation involves a social engineering work representing a sort of superior minds who think they have all the answers to the expectations of citizens and all the solutions to the problems of society.

In general, the Constitution remains the supreme law of the legal system does not become yet a finished product, complete and static, as would a painting of Jesus Soto, or a poem by Enriqueta Arvelo, or a building of Villanueva. This means that the Constitution is evolving constantly, because his intention is last in time as much as possible circumstances and new generations. It is not complete, because it provides answers to all legal problems. It is a framework law that regulates what is important, but does not predetermine the social or economic policy does not set guidelines on the lifestyle of its audience, does not require schools of thought.

is an open and dynamic system that adapts to changes in society and in which space are the diversity of expectations and political pluralism. I'm talking, of course, the type of constitution that governed democratic states of law alluded to the famous assertion of Elias Diaz that not every state is the rule of law, only those states effectively taxed law.

and points in this to refer to our Constitution, which is the expression of an agreement between the citizens of the country, at any given time, we agreed that our Republic have certain essential characteristics, among them that Venezuela is a democratic state social and law and justice, that there are certain non-negotiable values \u200b\u200bhigher, with the same binding and rigid than the rest of the constitutional provisions governing both the legal and state action and that the Venezuelan government is and will always be democratic, participatory, elective, decentralized, alternative, responsible and pluralist mandate revocable.

However, if we base our assessment of the actions of the organs of public authorities in the rational understanding of the issues mentioned above, the overwhelming conclusion is that those now in power in Venezuela, are to ride roughshod nothing less than the values \u200b\u200band principles of the Constitution and the entire legal system.

I'm not saying you do not know any such safe and is well known. But it is important to emphasize the fact that, through many of the actions of public bodies, voluntary imprint is evident that subordinates the Constitution to particular interpretation of its precepts and the most unusual forms of manipulation by the current holders of power in our country.

The President of the Republic, representing the executive branch, totally ignoring the results of the referendum on constitutional reform, which most of the Venezuelan people rejected; is exceeded his authority and transcends the constitutional limits to issue decrees, enact laws and provide orders in all subjects.

The legislative power, symbolized in the National Assembly, has made his role in a vow of blind obedience, not those who claim to represent, but to the will of the President of the Republic, to embark on the development compulsive laws contrary to the Constitution, but perfectly compatible with the draft socialist or communist state, at all costs and a high cost, insists on imposing.

Electoral Power, embodied in the unperturbed guiding the National Electoral Council has not had the slightest qualms about violating the Constitution by denying the constitutional right zulianos conduct a consultative referendum on the Reform of the Law on Decentralization that, the time, helped the Government seize ports and airports.

The judiciary is a "Pandora's box" from which leave many decisions daily without legal status, but that show unconditional dependence Executive. It is enough to recall the decision No. 1939 of the Constitutional Chamber of the Supreme Court of Justice of 18 December 2008 which declared unenforceable the ruling of the Inter-American Court of Human Rights in the case of former judges of the First Court for Contentious Administrative. In that ruling is affirmed, for example, that "law is a normative theory in the service of politics that lies behind the axiological draft of the Constitution ...." But if the interpretation of this project is axiological light of standards which, according to the Constitutional Court, "must be compatible with the political project of the Constitution ... and should not affect the validity of that project with ideological interpretative choices that favor individual rights at all costs ... (...), under the pretext of valideces (sic) universal, "then there is no doubt that sentence in question is not supported by legal arguments, but with other arguments that attempt to disapply the provision in Article 23 of the Constitution, which gives the prevalence of international treaties in domestic law to the extent that its rules are more favorable to human rights than those contained in our Constitution.

Moral Power I can only say that, until now, thank God, is just a figurehead in the Constitution and absolutely invisible in the country's reality. These few references are sufficient to bind to assume the defense of the Constitution as a civic genuine apostolate. This is the proposal of the Network of Defense of the Constitution, to raise awareness of Venezuelan society, mainly the less-informed citizens and most vulnerable sectors of the value of the Constitution, the importance of its provisions for the financial year effective our rights and freedoms, and the need to protect the Constitution of the systematic violations perpetrated against them, mainly those who are called, first, to implement and enforce its contents. M. Liliana Fasciani


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Network Next presentation in Valencia in Valencia

This Wednesday, October 28 at the VIP Lounge Bar Carabobo State, was presented the Red Defense of the Constitution in the city of Valencia, Carabobo State.

The event, organized by the Institute of Legal Studies "José Ángel Lamas" Bar of the State of Carabobo, was installed by Dr. Anibal Rueda , President of the Institute and Dr. Lisa Cabrera , President Bar Association, and attended university students, NGO activists and citizens of civil society.

Through their presentations, representatives of the Network of Defense of the Constitution, teachers Raul Arrieta, Gerardo Fernandez Liliana Fasciani and M. , and Professor Gustavo Manzo, explained the critical situation of the rule of law in Venezuela and the various ways in which they have carried out systematic violations of the Constitution.

The purpose of the act was to motivate Carabobeño to actively participate in the defense of constitutional principles, establishing focal points in the various sectors of the community.
More information
DRC Notitarde

Friday, October 16, 2009

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Friday, August 28, 2009

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Defending the right to humane treatment and the prohibition of the use of poisonous weapons and the disproportionate use of force

The constitutional guarantee of respect for personal integrity is its development in political rights in banning the use of firearms and toxic substances to control peaceful demonstrations. This was enshrined in Articles 46, 53 and 68 of the current Constitution. In these prohibitions is added the prohibition of disproportionate use of force contained in " The Basic Principles on the Use of force and fire arms by officers enforcing the law "(Resolution No. 45/111 of the General Assembly of UN of 14/12/1990) and" The Code of Conduct officials law enforcement "(Resolution No. 34/169 of the General Assembly United Nations of 17/12/1979). These prohibitions as part of our domestic law, in accordance with Articles 19, 22 and 23 of the Constitution.


The violation of these prohibitions by the police and military officials constitutes cruel, inhuman or degrading treatment, no exception, as noted UN in comment General No. 20 on Article 7 of the International Covenant on Civil and Political Rights (44 session, 1992). That when part of a systematic or widespread persecution, and intentional on the part of government officials against groups or communities based on political reasons, or exclusive, which are unacceptable under international law to deprive them of their rights to assemble and express publicly, without permission, and intentionally causing great suffering or injury to serious injury to health or physical safety of persons, crimes against humanity (Art. 7, Statute Criminal Court International). These crimes as well as being inalienable, the State is obliged to investigate and sanction when committed by authorities and fully indemnify the damages to the victims of such violations, as provided in Articles 29 and 30 constitutional and the Prosecutor before the Court International Criminal can automatically call your research and that this Court can if the State has jurisdiction to prosecute not willing to carry it out, or not to prosecute any, or if the trial starts to remove those responsible for the jurisdiction of this Court, or in cases of undue delay or biased prosecutions (Arts. 15 and 17 Statute of the Court International Criminal ).


course are aggravating elements, and evidence of these violations, contempt of officials responsible for monitoring the bans demonstrations to commit acts of propaganda, militancy or political propaganda, to justify the use of poisonous weapons desprorpocionado or use of force, for reasons or political or ideological reasons as happened in the march on August 22 against the enactment of Organic Law of Education, when the commander in charge of monitoring the progress in Instead of calling on demonstrators to calm, if indeed it was disturbing the peace, however, excused the use of toxic gases released within the wider discretion, even in subway stations closed without prior warning some, with political arguments and expressions of intimidation and warmongering against opposition groups in general, exclusive content for their political rights, general as I listen to the audiovisual media, which is a notorious fact communication.


In this regard, to illustrate the elements that, according to Resolution N ° 34/169 of the General Assembly Nations adopted by the United 17.12.1979 " The Code of Conduct for Law Enforcement Act " define the disproportionate use of force as a cruel, inhumane and degrading treatment, are outlined below:


1) The illegitimacy of the use of force , where their use has no legal basis (Eg, use prohibited toxic substances and firearms);

2) Qualifying Agent: who uses force is a State official legally empowered to do so (officers and guards National Guard and police from the Metropolitan Police )

3) The nature of the act : Overuse occurs in the exercise of public functions by the agent (control events);

4) The disproportion between means and ends: The use of weapons or lethal toxic individuals or groups against unarmed. Only possible use of force when strictly necessary and to the extent required for the performance of tasks without flout constitutional prohibitions on the use of firearms and toxic substances;

5) Opportunity: If the victims are defenseless, resort to the use of toxic or potent weapon to use excessive force becomes a form of abuse or cruel, inhuman or degrading .


Naturally, they were found in the control of movement of the August 22, 2009, the toxic substances used harmful to personal integrity and physical health demonstrators and justified by political and ideological use as a means of depriving a population group of their right of assembly and demonstration in certain sectors capital. Made this worse by the actions of a military officer who was constitutionally prohibited acts of militant propaganda or political proselytism, and by the support that he gave his illegitimate action the President of the Republic in his Sunday program of 23 August, who said that " had talked with the Commander of Core 5 National Guard , Antonio Benavides Torres, who harangued the soldiers then penalizing those who marched on Saturday to reject Law Education and therefore congratulated him ("El Nacional", of 24.08.2009, p. 2, Nation). In this regard it is worth remembering that the concept of military security policing applied to preclude the public safety concept of modern constitutionalism. According to this principle in peacetime internal security must be in the hands of the police under a civilian and a civilian also design because, as stated, held in Lima in 1999, the principle of security distinguishes citizen soldiers who are about closed boxes are educated under the due obedience and can not think to events, but just shoot when they are ordered, and the police is a complete tactical unit has to solve the problems on the street and so is able to decide what should be their conduct to a made concrete in a moment. For Finally, the concept of military security, which involves the militarization of the police, was defeated in the referendum of December 2, 2008.


Román J. Duque Corredor

President of the Academy Political and Social Science

Thursday, August 20, 2009

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educational freedom and the new Education Act

Known text promulgated the Organic Law of Education , arise following comments:


1) enshrines the concept of the state teacher supply is not constitutional, because the condition of inescapable role of the state and public service, ascribed to the Constitution to education, are not to conclude for themselves to teaching as such is only the State, precisely to ensure that education is interpreted as a state exclusive jurisdiction, and that the State did not use the education system to print to certain dominant thinking education, which undermines the right of parents to decide on the education of their children and allow only the state uniquely determine the orientation of educational material.


2) In addition, education is stated as "secular", when the constitutional text only qualify as democratic, free and compulsory, and as well for freedom religion and worship, the right to profess a religious faith involves the right to teach, and therefore is constitutionally recognized parents the right to have their children receive religious education in the schools where they are educated.


3) Set the new law regulating education is based on the doctrine of freedom and Simon Rodriguez, who aside thoughts that are only linked to a time and a historical culture, can be interpreted in one ideological or political meaning, to the detriment of the principle of educational freedom, because political management that has made her work and the identification of these doctrines with the creed of the ruling party. For example, within the aims of education set out to form "new Republicans and new Republican" who are so vague and generic concepts that support a single interpretation on what is meant by such concepts. And others, training citizen must be under a "geographic and historical approach" and a part of "a new endogenous production model." That, plus it is not doctrine or the Simon Bolivar and Rodriguez, are also indeterminate concepts, ambiguous, imprecise and exclusive and identified with use has made them the official ideology. And in general, establishing the new Act that the educational process should be directed in the sense that happiness is achieved through an inclusive socio-economic structure and a new production model social, humanist, endogenous, it affects education in a single economic and ideological orientation, which goes against freedom educational and academic.


4) Declaring that education is secular, and punishable with severe penalties to the violation of the principles of law reviews, including the closure of educational establishments, the inclusion of religion in the curriculum of study could be labeled as contrary to the principles of the Act and therefore would result in such penalties under the Act , despite recognizing the right parents that their children are given religious instruction in schools.


5) are created to the existing structures in schools and universities, educational and popular councils, student councils, etc., Which weaken the parent-teacher associations, or university and faculty councils or school or student centers, to incorporate community organizations outside the existing structures of the international educational community. This decision compromises the freedom of teachers and parents, and of course the university autonomy and allows the interference of external factors in schools. School management in these centers could be controlled from outside by the interference of such factors in the organization and management of educational communities.


6) The new law extreme supervision and control over the educational community and primarily on private institutions. For example, monitoring committees could be created "ad hoc" of schools. Already President has announced, which means the creation of "educational commissioners" for the control of education.


7) A fourth (quarter) of Act, whose purpose is the development of the educational system is, however, with the creation of punitive administrative violations in transitional arrangements, virtually on teachers, students and representatives, and even on social media.


8) Within sanctions enshrines greater discretion to qualify generic faults. For example, the closing or reorganization of private educational institutions if the competent Ministry of Education, believes that they undermine the principles established in the Constitution in Organic Law of Education (eg, against the doctrine Simon Bolivar and Rodriguez), in which case the owners, principals or teachers are punished with disqualification for ten years for the performance of teaching or administrative positions in any stock. This penalty is disproportionate to the right to work, especially when there are no objective criteria to determine the application of the sanction.


9) The law allows more discretion to the Executive to fully delegate the regulation of its principles (social responsibility and solidarity), the regulatory regime institutional assessment of educational institutions, the school system's basic education system, the transitional arrangements for admission and promotion in teaching, among other subjects. It also goes against the legal reserve as on sanctions applicable to staff members is delegated to the executive regulation rules para aplicar las sanciones y para tramitar los recursos correspondientes, así como lo relativo a la gradación de las sanciones, los órganos que las aplicarán y los recursos que podrán ser ejercidos por los interesados.


10) La Ley considera integrantes de la comunidad universitaria además de los profesores y estudiantes, al personal administrativo y obrero y a los egresados, dándoles igualdad en el voto para elegir las autoridades universitarias, contrariando la Constitución. Se desconoce que la igualdad en el voto se da entre iguales y no entre desiguales, y que en los casos de órganos mixtos el principio is not the equality of the vote but the proportionality between the different sectors. Just as teachers do not vote for union leaders, not the staff or workers can vote to choose the university government. And about the student vote is proportional, since there is not equal to teachers, because those are students and their teachers. And in relation to the graduates they are not assets, because they left the University and only their part to be represented. The co-governance does not, in joint bodies, equality of the vote, but proportionality and representation.


11) The new law contradicts the principle of university autonomy which provides that the relevant rules on admission of students is determined by the special law on higher education and not by the universities themselves and attributing to the competent national bodies in education in an exclusive manner the entry of students into tertiary education institutions and private national and attributed to the special law and university policy not to intellectual creation and graduate programs higher education and the evaluation and accreditation of members university community, among other matters within its autonomy. And equally, when one considers that the competent national bodies in education and will govern the control of university governance rules concerning the exercise of political rights for the election of this government.


12) Academic freedom is defined only in respect of methodological approaches and theoretical perspectives, but omitted to include self-critical and free thinking and expression, although under the new law are guiding principles of education.


13) The establishment within the education sub-unit training for the knowledge, understanding, use and critical analysis of content of media , suggests that seeks to promote education as a general principle a bias against the existence of independent media and that they generally act to misinform.

Y;


14) In a period of one year are issued special laws on matters covered by Organic Law of Education (educational community, the student organization, basic education subsystem from the level of education up to the middle school , subsystem of higher education, bans on partisan propaganda in the educational institutions, teacher training and teaching career), and as from the promulgation of the new Act was repealed entirely len Education Law before 1980, without transient application available, there is serious doubt whether those issued pending special laws or not such matters are left to regulation by the Executive.


The defense of freedom of education imposes the reporting of constitutional violations Organic Law of Education and civic organization to institutionalize its rejection.


Román J. Duque Corredor

President of the Academy Political and Social Science.

Wednesday, August 5, 2009

Best Park Bench Blueprints

Declaration in defense of freedom

The signatories, Deans of Faculties of Law and Political Science, member Academy of Political and Social Sciences and Directive of the Federation or Bar Associations Venezuela, we feel obliged to make public our strong condemnation against the latest measures contrary to freedom of expression adopted or announced by public bodies.

1 .- We reject that a high authority of the state, call the Constitution to ensure respect for human rights in judicial proceedings, propose to condition a right essential to democracy and freedom of expression . In times when the Constitution and human rights are being squeezed by the authorities are under, inter alia, the denial of political pluralism and the restriction of liberties abuse, the prosecution calls a legislative text that would represent , if approved, a permanent state of freedom of expression, despite the fact that under with the Constitution freedom of information even during a state of emergency may be suspended or restricted.

2 .- The so-called special bill against media crimes criminalize the exercise of freedom of expression and information, when disseminating messages that, among other assumptions, may be characterized as untrue and causing public unrest, anxiety or feeling of insecurity and impunity ", according to the organs of a State which does not leave room for legitimate public criticism nor disclosure of information corroborated that reveal shortcomings in fulfilling the responsibilities of the authorities.

3 .- The proposed project or freedom of expression makes the generic and indeterminate interests of the State, to the extent that this practice would be stripped of its status as a human right, as that its exercise would determine the non-involvement or interest group feelings freely interpreted by state agencies that would become censors. A purported peace or tranquility communications official censorship born absolutely opposes the free flow of ideas and information characteristic of a democracy.

4 .- The recent closure of over thirty radio stations in order of CONATEL, without observing the due process and disrespect for constitutional protection of legitimate expectations and legal certainty confirms the policy of occupation ideological spectrum conducted by the government. Invoking pseudo-legal fireworks, the national regulator has taken off the air at stations that had not bowed to government policy hegemony. CONATEL commits the mistake of placing his administrative powers in the field of telecommunications, which are being carried out at the wrong time, over freedom of expression, which openly violates Article 13.3 of the American Convention on Human Rights , which has constitutional status in Venezuela and prohibits the use of the powers of frequency control radio to restrict freedom of expression. The most serious is that CONATEL acts as if the radio spectrum was a good property of the current government or, worse, a political bias. The democratization of the radio spectrum can not be obtained docking pluralism.

5 .- It is expected the self-censorship or inhibitory effect of these decisions, as that would entail the approval of the 'special bill against media crimes. We call upon the various social sectors to respond civilly, within the constitutional and legal framework against these actions and proposals to further reduce the possibilities of enjoyment of civil rights, while we encourage State agencies to leave the path of the erosion of institutional and open the paths of plural dialogue focused on the highest principles and constitutional values.

Dr. Román Duque Corredor

President

Academy of Political and Social Sciences

Jesus M. Casal

UCAB Law School Dean

Ramón Crazut

Dean Faculty of Law and Political UCV

Diana Romero La Roche Dean

Faculty of Law and Policy

LIGHT

Juan José Ramos

Dean Faculty of Law and Political Sciences University of Carabobo

Rogelio Pérez Perdomo

Dean Faculty of Law and Political UNIMET

Eugenio Hernandez-Breton

University Law School Dean Monteávila

Marlene Robles

President Federation of Lawyers Venezuela

Jorge Rosell

Council Member

Federation of Bar Associations of Venezuela and Chairman of the State Bar of Lara

also support the statement:

Raul Arrieta (UCV)

Mirian Rodríguez Reyes (UNIMET )

Angelina Jaffe (UNIMET)

Liliana Fasciani (UCAB)

firms continue ...

Tuesday, August 4, 2009

Alcohol Pain Behind Ears Or Neck

expression "They want to silence the media with Law media crimes

Notitarde

Valencia, July 31 (Daniel Hernandez) .- Jesús María Casal, dean of the Faculty of Law and Policy at the Andres Bello Catholic University, said that the Act Media Crimes proposed by the Attorney General, Luisa Ortega Díaz, a full hedge against freedom of expression in all its forms, information and opinions, without any justification, because in Venezuela there are laws relating to content regulation.

This position is fixed during a visit to the secretary of the University of Carabobo, Pablo Aure, whom he met in his office in the rectory of the UC, accompanied by Professor Alfredo Arismendi Central University of Venezuela.

Casal said that the bill strikes at the heart of democracy "because democracy is political pluralism, freedom of expression, free flow of information, opinions, since it is the opportunity to discuss various issues of public concern. "

For Casal the bill is aimed at curtailing all of views expressed, to the point of criminalizing the dissemination of information and news that could be considered that are not true, which generate anxieties or may threaten the safety of the nation, stressing that the censorship of information is expressly forbidden in the Court Human Rights and the Constitution of the Republic.

- The path that is making is undemocratic, is in much of the population dissatisfaction, discontent, disagreement against many public policies with regard to decisions that affect the integrity of democratic institutions, and will not to solve this problem with the punishment of such expressions through the media. Casal added that even the reform of the Penal Code that currently exists in Venezuela, going beyond what is lawful according to democratic standards and now wish to add the Media Crimes Act, with a profile essentially repressive, which has a high level of confidence, which if passed will generate an effect of self-censorship and unfortunately will be less likely to express the critical thinking of a society that is characteristic of a democracy.

Third step towards dictatorship

For his part, Professor Alfredo Arismendi said that the proposed Media Crimes Act is the third step towards the consolidation of a dictatorship , which began with the term limits adopted without any strong reaction from the democratic sector, then the Electoral Act, which in its opinion, assured the triumph of the Government in any election and as the third step the Media Crimes Act, which if enacted will achieve silence all media.

Arismendi said the Government is threatened, knowing now the polls do not favor it, so that "this bill is nothing more than a defense mechanism."

Kates Playground Flip Flops

The reconstitucionalización: the defense of the Constitution threatened to ten years after its adoption

Al enacted the Constitution of 1961 stated that the first duty was to defend citizen the Constitution to guarantee democracy achieved political in 1958. In 1999 the current Constitution was adopted in order to refound the Republic to establish a democratic, participatory and protagonist , as it sits in its Preamble. is to say, to deepen democracy policy achieved in 1960. 1961 Constitution that was labeled as "dying" because stated that the terminal state had led the party- . But case that the Constitution of 1999 is amenzada a slow death by "the deconstitutionalization of its institutions." This process gradually driving, to through a system paraconstitutional, to a deterioration of fundamental principles of democratic and social state of law and justice proclaimed as a legal-political for la Nación venezolana, y a la destrucción del federalismo descentralizado que, precisamente para profundizar la democracia y para el ejercicio del poder público desconcentrado, se consagra constitucionalmente como principio fundamental del Estado venezolano. Por ello, la R ed de Defensa de la Constitución , como base para su integración, proclama como deber patriótico “la reconstitucionalización de las instituciones democráticas” to the threat of ignorance its principles and fundamental structure .

The participatory democracy requires, contrary to what happens in reality , the center of the political system is citizens and not the state, Party of government or head of government . And concerned a true democracy, the current political system that the government needs to act independently, without conditions and without subordination, and the Judiciary especially demonstrate their autonomy. The institutional framework in Venezuela is the total absence of checks and balances between the government. The detachment of the legislative function in favor of President reduce the legislature to a mere formality. Judicial interpretations of constitutional provisions against the principles of separation of powers, the autonomy of states and municipalities and restricting fundamental freedoms of ignorance system of inter-American human rights , making the judiciary into an instrument of "the deconstitutionalization." Defending the Constitution happens, then, to denounce the lack of balance between powers and pluralist claim for reconstruction to ensure their independence.

The dismantling of the ideology and partisanship, out of respect to higher values \u200b\u200bof the constitutional order is imposed over identification with State Government Party and its thought and the cult of personality Head of , so negative results for dignity, freedom of expression, education , demonstration, work, trade union and political pluralism and respect for minorities, freedom of suffrage and the transparency of electoral processes for coexistence and rule of law. The exclusion of dissent and class hatred as mechanisms political struggle and social and its use as official language, face to constitutional values \u200b\u200bof pluralism and the culture of peace that the Constitution proclaims force.

The heightened state intervention for purely ideological reasons alert against mixed socio-economic system that harmonizes powers state with private enterprise. The defense the Constitution imposes claim, as stated in its Explanatory Memorandum that "the problem is not more or less State State, but a better state," and a "balance between state and market," which combine " productivity and solidarity, between economic efficiency and social justice between private and collective interest. " Imposes also argue that the property is inherent to the right free development of personality through freedom of association, venture, acquisition of property for living, work, produce and save , so that is a means of promoting permanent employment and stable and to the satisfaction of individual and collective needs.

For "reconstitucionalización" the country must be that the implementation of the to Constitution through laws, decree-laws or statements can not be contrary to what she defines as State Society and democratic, which in our case should be guided by values \u200b\u200band goals that define better than its domestic law as essential legitimate state conduct . In this vein, for Venezuela, as well as pointing Rubio Llorente to Spain, you said that "there is no constitution democratic Constitution." That is , one for all. So the constitutional rule should not be used so that the power not subject to the Constitution , because the constitutional right as a constituent element of the democratic state is but a limitation of state political power, and it is incomprehensible that in such State applied or interpreted the Constitution to de-institutionalize the been releasing the limits that the Constitution itself imposed. Within that order of ideas, and context of what constitutional right can be called democratic is more must be forming, the guidance in interpreting its provisions can not finally the promote a regime without limitations or without controls, nor extend what some call "undemocratic enclaves, such as lags autocratic centralism could remain in the Constitution, or the features of militarism. The dominance of civil over the military the of it back to its condition professional apolitical and non-deliberative is task the "reconstitucionalización the country" because of what it is to recover the traditional principle Republican subordination military force civil power, and its role serve to state and society and not a party.

The truth is that in our country the "reconstitucionalización" from must also respect the fundamental ights d , inherent dignity of persons, by inalienable character, since this respect is a limit the power derived or instituted imposed by the original constituent power. including a limitation imposed that people power to pass constitutional referendum the Constitution. is not metajuridical or metapositivos limits, but instead become positivised securities. From there the illegitimate the changes or reforms that violate the time limits, formal and material imposed by the constituent itself the powers that be to amend or revise the Constitution . This is another task of the "reconstitucionalización the country."

enclaves or undemocratic preserves the legal paraconstitutional , concentric and autocratic encountered during the ten year life of the Constitution allow call it "slow death threats Constitution, which best antidote is the claim of" reconstitucionalización of state institutions ".


Román J. Duque Corredor

President of the Academy of Political Science and Social.