The titular judge of the Administrative Court No. 11, Martin Cormickdeclared this Monday null and void the so-called “anti-picket protocol” put into practice by the former security minister Patricia Bullrich two years ago to curb social mobilizations and roadblocks.
To annul the security forces’ framework of action during social demonstrations in accordance with Resolution 943/2023, The judge granted an amparo action by the Center for Legal and Social Studies (CELS).which believed that the anti-picketing protocol restricted the right to social protest.
What does the ruling prohibiting the application of the anti-picketing protocol say?
In the ruling, Cormick insisted, in line with the civil and human rights organization The state public administration does not have the authority to issue regulations that affect fundamental and constitutional rights such as freedom of assembly. Petition to the authorities and freedom of expression.
The anti-picketing protocol allowed security forces to intervene immediately in the event of a road blockage or traffic lane. with a green light for suppression, provided that these are crimes committed in flagrante delicto.
The judge took this into account in his ruling Social protest cannot under any circumstances be equated with a crime This justifies explicit repressive measures by the police without the appropriate authorization from a judge.
Cormick’s ruling places the decision as to whether or not to order the intervention of public forces to deter, repel or disperse a protest on public streets within the jurisdiction of the judge (rather than that of an official of the executive branch or a police chief).
The judge also questioned them “Secret service tasks” that the anti-picketing protocol made it possible to obtain information about the identity of the demonstrators through film and photographic recordings.
According to Cormick, these tasks (often carried out by undercover agents in plain clothes) violate the National Intelligence Law, a regulation that expressly prohibits the state from retaining information about citizens for ideological, political-partisan reasons or because of their affiliation with any organization.
Meanwhile, the judge questioned that the anti-picketing protocol does not make any distinctions regarding repressive measures against demonstrators, without taking into account the situation of vulnerable groups (children, young people, older adults, disabled people) who need special protection.
Against this background, the judge called on the Ministry of Security to refrain from implementing the anti-picketing protocol and to adapt its measures to the current provisions of the Code of Criminal Procedure.
Anyway, The government has the option to appeal the ruling to higher levels of the judiciary. Last week, the same judge issued a ruling ordering the government to comply with the provisions of the University Financing Act.
The government assured that it would appeal the verdict: “Without a protocol there is chaos”
Quickly, the Minister for Security Alejandra Monteoliva He confirmed he would appeal that ruling and said the government would “defend at all costs” the protocol imposed by his predecessor Patricia Bullrich.
“WITHOUT PROTOCOL THERE IS NO ORDER, THERE IS CHAOS,” the tweet begins, saying, “A judge has issued a measure that…” seeks to advance the anti-picketing protocol. “This move is a reaction to the old politics that wants neither peace nor order in Argentina.”
“We will not take a step back, but will appeal. This protocol has technical, legal and operational foundations. “We will defend it at all costs because it is the instrument that has returned order and tranquility to Argentinians who want to live in peace,” he stressed.
The current senator is moving in the same direction Patricia Bullrich noted: “The anti-picketing protocol has been validated by dozens of judges and is supported by Argentines. Who declares it invalid? The same judge who always goes against the government. Who is celebrating? “Those who thrive on chaos, blackmail and destabilization.”
“The injured parties are always the same:Argentinians who want to work, move and live in peace. This protocol restored order in Argentina and was applied with determination and determination from day one. The order is not negotiated. Make no doubt: we will not take a step back,” he concluded.
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