In depth

What does it mean to declare a state of emergency at the national level?

It is an emergency regime provided for by the Constitution in the case of a disturbance of peace or internal order, catastrophe or serious circumstances affecting the life of the nation (Art. 137). It is issued in crisis situations that require extraordinary and urgent measures that validly restrict four rights, giving greater powers to the Executive Branch. 

The Government initially declared it in some provinces of Apurímac (Supreme Decree 139-2002-PCM of 12 December). Due to the serious situation that the country has been going through, it has been dictated at the national level.

What are the reasons justifying this emergency?

According to the Decree, it is due to the serious crisis situation at the national level generated by various social conflicts, registered since last 7 December that have been generating acts of violence and vandalism against public and private institutions, as well as aggressions against the personal integrity of people and authorities.

What measures does it allow for?

It restricts the following rights: (1) not to be arrested except by court order or by being caught in the act, (2) the freedom of movement, (3) the inviolability of the domicile and (4) the freedom of assembly. These rights do not disappear, but they can be validly restricted by the National Police, with the support of the Armed Forces, in situations that are not ordinary.

The restrictions should be directly related to the reasons for declaring a state of emergency. This is called "reasonableness". For example, a company's board meeting cannot be prevented. This has nothing to do with the reasons that justified the declaration of the state of emergency. In addition, the restrictions must be "proportional". They should not be exaggerated or unnecessary. If some vandals enter a shopping center, it is not justified to arrest all the people who are in it. This is provided for in the Constitution to avoid overreach (Art. 200).

A "curfew" has not been decreed.

Will the armed forces intervene?

The armed forces will support the National Police who remain in charge of internal order. That is, they will not replace them.

How long will it last and what provinces will it cover?

It will last 30 calendar days and it will be applied in all provinces of the country.

During a state of emergency, the Constitution is not annulled. It is an exceptional measure, that allows the restriction of four rights, to face and overcome the serious circumstances that affect the country.

The alert can also be accessed here.

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