Q24N (Infobae) A few weeks ago, Interior Minister Alfonso Chávarry, together with other authorities from Metropolitan Lima and Callao, declared both regions of Peru in a state of emergency. This measure seeks to control and reduce crime levels during a period of time in which strict control over the population will be governed.
Initially, the measure announced on February 3 was only going to be in force for 45 days, during which time the population must respect some of the measures stipulated in the Political Constitution of Peru. However, the Executive Branch decided to extend the state of emergency in Metropolitan Lima and Callao for another 45 calendar days from March 20, through Supreme Decree 025-2022-PCM.
The aforementioned decree indicates that during the period that governs the measure adopted by the Executive, some constitutional rights will be suspended, as stipulated in subsections 9, 11, 12 and 24 of article 2 of our Magna Carta, such as the right to freedom, inviolability of the home, freedom of assembly, freedom of transit in the national territory, among others. About these, it is important to take into account the following information.
RIGHTS THAT ARE SUSPENDED
Right to freedom: the subjects of rights can carry out any kind of activity, which involves the exercise of other fundamental rights other than freedom, as long as they do not violate with it the norms that make up public order, good customs and those that have an imperative character.
Inviolability of domicile: The right subjects can prevent any other person from entering their domicile to carry out investigations, searches or other reasons in case they do not authorize it or when third parties do not have a judicial mandate. They will not be able to prevent it, however, in the event of flagrant crime or very serious danger of its perpetration.
Freedom of assembly: Subjects of rights may gather, congregate or meet, without prior notice, both in private places and places open to the public, as long as they do so peacefully. On the contrary, meetings in public squares or streets require advance notice to the authority, which can prohibit them only for proven reasons of public safety or health.
Freedom of transit in the national territory: The subjects of rights, in principle, can move freely, within the national territory in which they have their domicile and also outside it, which involves being able to choose where to live. Except for limitations for health reasons or by court order or by application of the immigration law.
WHAT HAPPENS IF I AM INTERVENED
The Supreme Decree discloses details about the intervention of the National Police of Peru and the Armed Forces: This intervention is carried out in accordance with the provisions of Legislative Decree No. 1186, Legislative Decree that regulates the use of force by the National Police of Peru, and in Legislative Decree No. 1095, Legislative Decree that establishes rules of employment and use of force by the Armed Forces in the national territory and its Regulations, approved by Supreme Decree No. 003-2020 -DE, respectively.
Likewise, the participation of the local and regional governments of Metropolitan Lima and the Constitutional Province of Callao has been authorized, which is carried out within the framework of current regulations on citizen security.
WHAT IS THE STATE OF EMERGENCY?
This is a measure that, according to the Political Constitution of Peru, can be decreed by the President of the Republic with the agreement of the Council of Ministers and must only be for a certain period of time. Depending on how the authorities create it, you can apply for the entire national territory or to a single specific sector.
The State of emergency is declared when there is “disturbance of peace or internal order, catastrophe or serious circumstances that affect the life of the Nation.”
Article No. 137 of the Constitution states that this measure cannot exceed 60 days and if it is to be extended, a new decree will be required.
“In a state of emergency, the Armed Forces assume control of internal order if so provided by the President of the Republic”, however, in this case the Police are in charge of order, which will have the support of the Armed Forces.
The decree states that both institutions must govern their behavior based on the decrees that regulate their actions in these cases.