2023-12-15 22:24:00
The Minister of National Security, Patricia Bullrichpresented yesterday “at the direction of the president” Javier Miley the new “anti-picketing” protocol which, among other points, warned that federal forces and the Federal Penitentiary System may intervene in those demonstrations that block streets and prevent free movement. This generated a stir in the judicial sector and even in some cases, constitutional lawyers came out to express the alleged “unconstitutionality” of the protocol, since it conflicted with the right to demonstrate.
In dialogue with PROFILEthe lawyer Andrés Gil Domínguez specifically stated that “The right to peaceful protest includes the possibility of blocking the street“, and that, therefore, “the absolute ban is unconstitutional“.
Along these lines, the constitutionalist clarified that in order to make said protocol effective, Bullrich and the Milei government They should send a project to Congress to modify the current regulations.
Patricia Bullrich spoke of the “right to protest” and raised more doubts regarding the lifelong custody of Alberto Fernández
Also in dialogue with Modo Fontevecchiathe lawyer explained that “cutting streets is not a crime to the extent that alternative routes are enabled, that is, with reasonable exercise and that can be regulated.”
The minister’s statements today were made concrete because resolution 943 was published in the Official Gazette, which brings her announcements to the field of regulations. For this reason, Gil Domínguez detailed the differences between a violent protest and a peaceful one, where one is legal and the other is not.
“You have to differentiate the right to peaceful protest, contemplated in the Constitution and which guarantees other rights such as freedom of expression and violent protest. The latter is not a right and is punished by our Penal Code, and refers to when a person steals, steals, or attempts to damage property,” he stated.
On the other hand, the lawyer, from his X account, wrote that “participation in a peaceful protest is exempt from prior authorization“, and “You can choose the content and messages of the protest, as well as the time and place of the protest“.
Patricia Bullrich: “We will act until the circulation space is freed”
“The protest can manifest itself in very different ways such as roadblocks, banging of pots and pans, vigils.. The conditions under which these demonstrations and demands are presented are complex and require appropriate responses from the authorities. Faced with a possible collision determined by the mode of protest between the right of transit and the right of assembly It should be taken into account that the right to freedom of expression is one of the first and most important foundations of the entire democratic structure.“he indicated.
And he concluded with criticism that there is interference from the Executive Branch because Bullrich is not in charge of deciding this type of regulations: “Saying that no street can be blocked collides with the Constitution and Human Rights treaties, the right to peaceful protests must be guaranteed. In turn, the minister is exercising jurisdictional functions when she says that blocking streets or routes falls within a criminal category of the Penal Code. And that has to be determined by a judge, not by a minister with a resolution. It is flagrantly violating the division of powers”.
The “anti-picket” protocol and Bullrich’s response
Bullrich responded to these questions, which were also joined by various judicial sources, specifying article 14 bis of the National Constitution, which “cannot be abolished by decree either,” and specified that “If they want to have a place to protest, no one is going to prevent them from their constitutional right.“, and gave as an example that The protesters will be able to “go along the sidewalk” or “they will go to a square”.
– “In no country in the world can you block a street to protest” (Luis Majul, LN+, 12/14/23, 9:40 p.m.)
– Paris, London and Washington: pic.twitter.com/WGB7Vb7t6a
— Natalia Volosin (@nataliavolosin) December 15, 2023
For her part, lawyer Natalia Volosin also showed in her X account a contradiction to journalist Luis Majul, who said that “in no country in the world can the street be blocked to protest”, attaching images of Paris, London and Washington with cuts. of streets with large demonstrations.
Below are all the points of the protocol that Bullrich announced:
- The four federal forces and the federal penitentiary service are going to intervene once morest cuts, pickets and blockades, whether partial or total. The forces will be able to intervene according to the current procedural codes, which means that, if there is a red-handed crime, they will be able to act.
- The federal forces are going to act in federal zones. The provincial forces They must intervene in the areas of their competence and have common work.
Andrés Gil Domínguez: “To the extent that parents carry out a peaceful protest, they can go with their children”
- “If the main road is cut, the main road is freed”. The existence of alternative routes to traffic and circulation will not be taken into account. Action will be taken until the entire circulation space is completely freed.
- To carry out these measures, the forces will use the minimum necessary and sufficient forcewhich will be graduated in proportion to the resistance.
- The perpetrators of the cutting and instigators of this type of crime will be identified. The vehicles and their registered drivers will also be identified. The existing administrative violations and will proceed to seize the vehicles that are not under traffic regulations or whose driver does not have documentation.
- Train Stations. Those people who go with a type of material that must be seized, such as sticks or items to cover their faces, who try not to be recognized by the authorities, will be taken into account.
- Los authors details the participants they will be informed to the corresponding authorities. Also to the IGJ (General Inspection of Justice) to see the legal status of those who made the cut, whether by people who come with a social plan. It will also apply to unions or workers who are blocking a company.
- Environmental damage. Notice will be given to a pertinent judge, under the situations of burning in protests, which generates damage to the environment and those around it.
Point by point, the measures of the anti-picket protocol announced by Patricia Bullrich
- Participation of children and adolescents. The competent protection authority will be notified and sanctions will be imposed on those who bring children to a demonstration.
- A will be sent invoice with operating costs to responsible organizations or individuals. The State is not going to pay for the use of the security force, organizations that have legal status will have to pay or individuals will have to take charge.
- In case of foreign, the information will be sent to Migrations. A registry will be created of the organizations that participate in blocking public spaces and spokespersons who make this type of demonstrations.
- “Nilda Garré’s guarantee protocol is repealed”. This is the protocol for action in response to demonstrations, under political leadership and without firearms, presented in 2011 by the former Minister of Security of the then president. Cristina Kirchner.
- Exceptions. There will be exceptions that have to do with religious or sporting events, such as a pilgrimage or marathons, or district issues. Permission must be requested from the competent authority.
JD / Gi
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