Oct 21, 2009 | Posted by: roboblogger
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The Constitution (Evo's very own new one), the Penal Code and the Penitentiary Code all clearly state that no prisoner no matter what their status is to be denied communication with society or the press.
They also state clearly that when a person is imprisoned for "precautionary measures" (meaning they have not been sentenced, have not yet gone to trial, and they are being imprisoned only so they won't be a flight risk) that said prison is to have no limitation on their ability to communicate with any visitors they please. In fact, the law states it is THE PRISON who shall decide who may visit them (include family, friends, the media). In fact, the law states that if a prison wishes to speak with the press, the prison staff MUST PROVIDE an adequate facility for this. It also clearly states that a prison may not be held "incomunicado" in any jail or prison for more than the first 24 hours. It also states that if a person is imprisoned, the person must be taken to trial within one year, otherwise that person cannot be held in jail any more for "precautionary measures". It also states that is the person is a civil servant or politician, said person must be held in a SEPARATE portion of the jail, to ensure their safety from other prisoners. It also states that ANY prison who is being held for "precautionary measures" must be held in a separate portion of the prison from those who have already been sentenced, again for their safety. It also states that if the prison staff or any other person breaks these laws, charges must be brought against them. There are many other laws that guarantee the right of Leopoldo Fernandez to speak with the press. Evo and his ministers like to say that Leopoldo Fernandez is a special case because it is the first time a prisoner has campaigned for political office. What they forget to mention (conveniently) is that Leopoldo Fernandez is, by law and according to the constitution, INNOCENT UNTIL PROVEN GUILTY. What they also conveniently forget to mention is that there has been no trial, no evidence to prove he is guilty of the charges, and no verdict or sentence. What they also fail to mention is that Evo's situation is also a special circumstance. Never before in Bolivia has someone campaigned while still in office. By law you must resign any public office you hold before you can campaign for re-election or another position. Which Evo did not do. What they don't realize, is that the more they DENY Leopoldo the right to campaign, the more totalitarian, fearful and desperate they appear. |
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Sorry typo:
n fact, the law states it is THE PRISONER who shall decide who may visit them (include family, friends, the media). |
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