A few weeks ago, Interior Minister Alfonso Chávarry, together with other authorities from Metropolitan Lima and Callao, declared both regions of Peru in state of emergency. This measure seeks to control and reduce crime levels for 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 effect for 45 days, during which time the population must respect certain 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 beginning on 20 March, through Supreme Decree 025-2022-PCM.
The above-mentioned decree indicates that during the period governing the measure adopted by the Executive, certain constitutional rights will be suspended, as stipulated in paragraphs 9, 11, 12 and 24 of article 2 of our Constitution, such as the right to liberty, inviolability of the home, freedom of assembly, freedom of movement in the national territory, among others. About these, it is important to note the following information.
RIGHTS THAT ARE SUSPENDED
Right to liberty: subjects of rights may engage in 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 are imperative in nature.
Inviolability of domicile: Rights subjects may prevent any other person from entering their home to carry out investigations, searches or other grounds if they do not authorize it or when third parties do not have a court order. They may not prevent it, however, in the event of a flagrante delicto or very serious danger of its perpetration.
Freedom of assembly: Subjects of rights may group, congregate or assemble, without prior notice, both in private places and open to the public as long as they do so peacefully. On the contrary, meetings in public places or roads require advance notice to the authority, which may prohibit them only for proven reasons of safety or public health.
Freedom of transit within 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 implies being able to choose where to live. Except for health reasons or by court order or by application of the Aliens Act.
WHAT HAPPENS IF I AM INTERVENED
The Supreme Decree provides details on the intervention of the Peruvian National Police and the Armed Forces: This intervention is carried out in accordance with Legislative Decree No. 1186, Legislative Decree regulating the use of force by the Peruvian National Police, and Legislative Decree No. 1095, Legislative Decree establishing rules for the use and use of force by the Armed Forces in the national territory and its Regulations, approved by Supreme Decree No. 003-2020-DE, respectively.
The participation of the local and regional governments of Metropolitan Lima and the Constitutional Province of Callao has also been authorized, which is carried out within the framework of current regulations on citizen security.
WHAT IS A 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 believe it, it can apply for the entire national territory or to a single specific sector.
A State of Emergency is declared when there is “disruption of peace or internal order, catastrophe or serious circumstances affecting 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 the President of the Republic so provides”, however, in this case, it is the Police responsible for order, which will be supported by the Forces Armed. The decree states that both institutions must govern their conduct on the basis of the decrees that regulate their actions in these cases.
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