In the middle of a week colored by the treachery of the “trigger-happy” police, with the murder of two workers from humble neighborhoods in the heart of the city of Buenos Aires, The Federal Justice declared the nullity of the “anti-picketing” Protocol of the Ministry of Security.
The failure, which implies a setback to the government’s repressive policymaintained that Resolution 943/23 lacks adequate motivation and did not make a reasonable balance between public order and fundamental rights such as freedom of expression, assembly and protest.
He CELS promoted a collective protection actionwith numerous adhesions from social, union, political and individual organizations, to declare the nullity and unconstitutionality of Resolution 943/23 of the Ministry of Security. He argued that the Protocol violates rights constitutional and conventional freedom of expression, assembly and protestcriminalizes social protest, enables arrests without a court order and exceeds the powers of the Executive Branch by introducing regulations with criminal content.
Although the National State – Ministry of Security – appeared and defended the validity of the resolution, alleging that it is a legitimate regulation of the actions of the federal forces, the Federal Administrative Litigation Court No. 11 considered it legally invalid. Giving rise to collective protection actiondeclared the nullity of Resolution 943/23, which approved the “Protocol for the maintenance of public order in the event of the closure of traffic routes.”
In particular, the ruling indicates that the Ministry did not carry out a specific, reasoned and explicit weighing between the objective of guaranteeing public order and the intense impact on fundamental rights such as freedom of expression, assembly and protest, which enjoy preferential constitutional and conventional protection.
Likewise, the court in charge of the Judge Martin Cormick stressed that the Protocol introduces definitions and consequences (such as the notion of flagrancy, the authorization of interventions without a court order and the registration of protesters and organizations) that can substantially alter the exercise of the right to protestwithout a proportional or reasonable justification.
The ruling contemplates the damages caused and the right to file criminal complaints regarding the application of the Protocol, that is, “to people who have been affected by acts carried out by police and/or security forces.”
Let us remember that, under the application of the anti-protest protocolnumerous protesters they lost an eye, like the CEPRODH lawyer and advisor to Myriam Bregman’s bench, Matías Aufieri; or who were seriously injured like the photojournalist Pablo Grillo. The repressive forces did not hesitate to fiercely repress the retiredWednesday to Wednesday, and until a girl. They were cases that they moved societywaking up a widespread repudiation and sympathy for the bravery of those who worked all their lives and today demand a decent income.
This error is the result of the popular repudiation of the Patricia Bullrich Protocolthen Minister of Security and today a national senator, who has accumulated a history riddled with state crimes under her command, such as the case of Santiago Maldonado or that of Facundo Nahuel. And it is a stop government repression of Milei to carry out his plans.
If the anti-protest protocol could sow fear among sectors that otherwise would have demonstrated in these two years, Its nullity encourages redoubling the struggle in the streets. It is the only way to put the brakes on it and achieve defeat Milei’s attempts to advance historically conquered rightslike those of his “labor reform.”
In general, it is unity and support for all struggles and the need to nationalize them in a general strike and a fight plan the way to prevent the government from moving forward with the tailoring of big companies and the IMF.
Source: www.laizquierdadiario.com
