However, out of all the articles hereto exposed, Art. 239 is the most crucial because it grants the Constitution a Self Defense Mechanism clause that avoids the need of a political trial by immediately removing the title of President or any other public title from those that seek to change or encourage a change in presidential term limits. Art. 239, is important because it clarifies whether a military coup took place or not. When on June 27 Mr. Zelaya signed and published in official newspaper the referendum decree, immediately Art. 239 kicked in and stripped him of his official capacity. Accordingly, when Mr. Zelaya is arrested on the morning of June 28, by a valid arrest warrant signed by a unanimous Supreme Court (15-0) and executed by the Honduran Army, and subsequently deported to Costa Rica, he was no longer President of Honduras but rather a common citizen.
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Asking Honduras to restore to power the man who over and over again violated the law is tantamount to having a heartless judge ordering an incest child-rape victim to move back into her father's house because the law says that a child is to live with his parents.
Hugo Sevilla, Honduras This Week
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