In Argentina there is the Argentine Penal Code. In this opportunity, criminal law and its articles are applied. It is recalled that Nicolas Sourivongxay is not a lawyer, however, he filed complaints and even in person before the Court of the Province of Buenos Aires in his own right. In addition to being a victim, and everything that entails for his correct mental development, without being a scholar of the law, he had to learn by himself in order to defend himself since there is no lawyer for his causes. Nicolas asked for a lawyer at the Prosecutor's Office of the Province of Buenos Aires but they never gave him one, he also looked at the Access to Justice Centers, the Bar Association of the Autonomous City of Buenos Aires, Ombudsmen, etc. Justice does not exist for him. That is why Nicolas Sourivongxay created this sentence:
'After all is said and done. I have problems. The major error in the system is when you get poor. It's not easy to find justice according to justice system. With lack of money, justice is just a priviledge for those ones who have enough money to claim.' Nicolas Sourivongxay
Blog: https://justiciapornicolasourivongxay.blogspot.com/2020/06/policia.html
ARGENTINE PENAL CODE:
http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16546/texact.htm#19
SECOND BOOK, ON CRIMES, TITLE I
CRIMES AGAINST PEOPLE:
Art 84. Whoever INSTIGATES ANOTHER TO SUICIDE OR HELPES HIM TO COMMIT IT, if the suicide had been tempted or consummated, will be punished with imprisonment from one to four years.
TITLE II
CRIMES AGAINST HONOR: Arts. 109 to 117 bis
TITLE V
CRIMES AGAINST FREEDOM: Arts. 140 to 161
Art.141. It will be punished with imprisonment or imprisonment from six months to three years; who illegally deprives another of his personal liberty.
Art.142.
Paragraph 1. If the act is committed with violence or threats or for religious or revenge purposes.
Paragraph 2. If the act is committed in the person of an ascendant, a sibling, a spouse or another individual to whom particular respect is due
Paragraph 3. If there is serious damage to the person, health or business of the offended party, provided that the act does not matter another crime for which the law imposes a greater penalty.
Paragraph 4. If the act is committed simulating public authority or order of public authority.
Paragraph 5. If the deprivation of liberty lasts more than one month.
Paragraph 3 is due to the neck pain suffered by Nicolas due to psychological pressure when he walks on the streets because he must be in alert in case a police patrol car catches him, and due to the sustained persecution over time when he walked to and from his clients' houses in NSComex, his personal business. Nicolas left the market with NSComex in December 2021.
Paragraph 4 is because in the complaints made by Nicolas Sourivongxay, uniformed people without police identification appeared but they acted as security agents in the process of harassment during the journey of his departure, finding them on the streets or on public transport.
Article 142 bis. Imprisonment or confinement of five (5) to fifteen (15) years will be imposed, to whoever subtracts, retains or hides, a person with the purpose of forcing the victim or a third party, to do, not do, or tolerate something against your will. If the author achieves his purpose, the minimum sentence will rise to eight (8) years.
Paragraph 6. When three (3) or more people participate in the event.
Let's remember that Nicolas only has social networks to express the violations of his rights. The traditional media, press, television and radio, never gave him a voice for his defense.
In his social networks, the number of Likes he gets is very low, and most of the Views and Likes were made by him. How do people and authorities find out? They find out through cyber espionage. The concealment also causes Nicolas not to obtain the monetary benefits of social networks and internet platforms.
Let's remember that in Nicolas's house, he suffered momentary power outages as if they were threats, internet outages using the provider Telecentro SA, and cyber espionage of people close and not close.
Article 142 ter. Prison shall be imposed from TEN (10) to Twenty-five (25) years and absolute and perpetual disqualification for the exercise of any public function and for private security tasks, to the public official or to the person or member of a group of persons who, acting with the authorization, support or acquiescence of the State, in any way, will deprive one or more persons of their liberty, when this action is followed by a lack of information or a refusal to acknowledge said deprivation of liberty or to report on the whereabouts of the person.
Art 144 bis. Paragraph 1. The public official who, with abuse of his functions or without the formalities prescribed by law, deprives someone of his personal liberty.
TORTURE: Art. 144 ter. The public official who imposes any kind of torture on persons, legitimately or illegitimately, deprived of their liberty, shall be punished with imprisonment or imprisonment from eight to twenty-five years and absolute and perpetual disqualification.
DISCRIMINATION and EXCLUSION: Whoever leads a person outside the borders of the republic, with the purpose of illegally submitting him to the power of another or enlisting him in a foreign army, will be punished with imprisonment from two to six years.
CYBERESPIONAGE:
Violation of Secrets and Privacy:
Arts. 153. Anyone who opens or unduly opens an electronic communication, a letter, a sealed sheet, a telegraphic, telephone or other dispatch, which is not intended, will be punished with imprisonment from fifteen (15) days to six (6) months. managed; or unduly seizes an electronic communication, a letter, a statement, an office or other private paper, even if it is not sealed, or unduly suppresses or diverts from its destination a correspondence or electronic communication that is not addressed to him.
The same penalty shall be incurred by anyone who unduly intercepts or seizes electronic communications or telecommunications from any system of a private nature or restricted access.
Article 153 bis. It will be punished with imprisonment from fifteen (15) days to six (6) months, if it does not result in a more severely punished crime, whoever knowingly accesses by any means, without due authorization or exceeding the one he possesses, to a system or data restricted computer access.
The penalty will be from (1) month to one (1) year in prison when the access is detrimental to a computer system or data of a state public body or a provider of public services or financial services.
There are rumors on the streets about how much money Nicolas has in his bank account. They detect if Nicolas wrote any email, and so on.
The cyberespies, who no matter the economic condition in which they find themselves, that is, they can be found in humble neighborhoods, can access to information through devices such as cell phones and laptops. And certain policemen, they can also do it.
MOREOVER...
Rights violated: Work dependently (Exclusion from job market) & independently (Police persecution, low income, excess of cyberespionage), to Study at universities in person (includes Police persecution), to have Justice, Freedom of expression, Privacy, Walk on streets, Reunion, Better health...
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/45000-49999/48612/norma.htm
Habeas Corpus
Link: https://lpderecho.pe/vicios-voluntad-anibal-torres-vasquez/
+Error, fraud, violence and intimidation are traditionally called #vices of the will that harm the subjective conditions for a correct exercise of the autonomy of private will...
Link: https://pdba.georgetown.edu/Comp/Derechos/circulacion.html
+Article 14 of the Argentine National Constitution.- All the inhabitants of the Nation enjoy the following rights in accordance with the laws that regulate their exercise, namely: ...to enter, stay, transit and leave Argentine territory; ...
Link: http://servicios.infoleg.gob.ar/infolegInternet/anexos/320000-324999/324490/norma.html
I) That the National Constitution protects the rights to intimacy and privacy -protected by articles 18, 19 and 75 paragraph 22, National Constitution (C.N.); art. 11 inc. 2nd and 21st paragraph 1 of the American Convention on Human Rights (A.C.D.H.); art. 17, paragraph 1 and 2 of the International Covenant on Civil and Political Rights (P.I.D.C.P.), art. 12 of the Universal Declaration of Human Rights (D.U.D.H.)-, and art. 52 and cc. of the Civil and Commercial Code of the Nation, guaranteeing a sphere of personal freedom excluded from the authority of state bodies.
III) That, as this Court has indicated, the protection of the area of privacy is one of the most precious values of respect for the dignity of the human being and an essential feature of differentiation between the rule of law and authoritarian forms of government (arg. “ALITT”, Rulings: 329:5266, among others).
IV) That the right to privacy and the consequent guarantee against their injury act against any arbitrary or abusive “interference” or “interference” in the private life of those affected (conf. art. 75, sub. 22, of the National Constitution ; art.12 of the U.D.H.R.; art. 11, subsection 2, C.A.D.H., and 17 subsection 2 P.I.D.C.P.).
VIII) The furtive obtaining of personal data or sensitive information that is not based on a judicial investigation, the preparation of merely “preventive” records, the disclosure, trafficking or trade of the data obtained based on an originally lawful purpose, the threat or The blackmail derived from the possession of intimate data that is not conducive to the clarification of a crime, must not only be prevented and punished by law and subsequent jurisprudence, but must deserve the maximum social repudiation, since they constitute an attack on the public trust.
The right to privacy is the right of the individual to have a secret sphere of life, from which he has the power to keep others away.
The right to honor, protected by criminal law, is given by the consideration that third parties profess towards a certain person and by the person's self-esteem towards himself.
The right to one's own image consists of the right of every person that their image is not captured or reproduced by any means.
Civil and Commercial Code, Art. 52: "The human person injured in his personal or family privacy, honor or reputation, image or identity, or that in any way is diminished in his personal dignity, can demand the prevention and repair of the damages suffered, in accordance with the provisions of Book Three, Title V, Chapter 1.”
Ethnic Justice
No comments:
Post a Comment