Argentina: Ministry of Security protocol for action in cases where crimes are committed during demonstrations ("Piquetes")

20 Dec 2023    2 minute read

In brief

On 14 December 2023, the National Ministry of Security issued Resolution 943/2023 ("Resolution 943"), which aims for the intervention of security forces during public demonstrations. Published on 15 December in the official gazette, Resolution 943 establishes clear instructions for federal police and security forces to intervene in demonstrations. Through this Resolution, clear instructions are established for the federal police and security forces to intervene in demonstrations that cause interruption to the traffic of persons or vehicles, total or partial blockage of national routes and other roads under their jurisdiction, without taking into consideration, for such purposes, the fact that there may be other alternative routes of circulation.

Contents

In depth

The Resolution 943 of the National Ministry of Security makes explicit the differentiation from the passive attitude of the previous administration in similar cases ("for a long time") and includes two precise instructions in this regard:

a. The security forces should intervene without waiting for a court order, as long as the flagrant commission of the crime provided for and punished by Article 194 of the Argentine Criminal Code (ACC) is verified.
b. As with the intervention in all flagrant offences, Resolution 943 establishes that the security forces must immediately communicate with the competent judge or prosecutor.

The following is a brief summary of the criteria for action included in Resolution 943:

1. Access and communication or transport routes should be cleared until their total liberation, by means of the minimum necessary and sufficient force, with special attention to children, pregnant women or the elderly.

2. The degree of force must be proportionate to the resistance being put up, and the use of non-lethal weapons is authorized.

3. The perpetrators, accomplices and instigators must be identified by any available means (filming, etc.), as well as the vehicles in which they drive, giving priority to leaders and organizations.

4. Identified persons shall be reported to the Ministry of Security for communication to the relevant enforcement authority.

5. A register of offending organizations will be created, without identifying individuals until there is a judicial resolution (it does not say what type of resolution and/or whether the resolution must be final).

6. In the event that the presence of minors on the premises is verified, with risk to physical integrity, the corresponding authority for minors must be notified.

7. Finally, if it is proven that the facts may cause environmental damage, in the terms of Law 25.675, the competent judge shall be notified.

Finally, the Ministry of Security warns that it may sue the organizations responsible, as well as the individuals identified, for the expenses corresponding to the operation, and that it will share the corresponding data so that the injured institutions can claim the damages caused.

Click here to read the Spanish version.

Contact Information
Fernando Goldaracena
Partner
Buenos Aires
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fernando.goldaracena@bakermckenzie.com
Nicolás Servente
Associate
Buenos Aires
nicolas.servente@bakermckenzie.com

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