The Constitutional Court has ruled “the unconstitutionality of the measure of mobilization and intervention of the National Police and Armed Forcesestablished in articles 4 of the “decree” of state of emergency due to the electrical crisis.
When declaring unconstitutionality, the opinion adds “without prejudice to the possibility that the president has to order the mobilization and intervention of the Armed Forces within the framework of the ordinary legal regime.”
The article of the decree declared unconstitutional by the Court orders the presence of members of the public force throughout the country “to guarantee and prevent or counteract any activity of organized crime groups or armed groups organized against the infrastructure or personnel that guarantee the provision of basic public services, such as drinking water or telecommunications.”
The Court alleges that “the recitals of the decree do not mention events that require the action of public forces to protect infrastructure or facts that justify their action.”
intervention. Consequently,” they add, «the adoption of the measure in question has not been
justified by the Presidency of the Republic.
He also ordered that the Presidency present a report once the state of emergency ends.
The ruling has been approved with votes in favor of the constitutional judges Karla Andrade, Alejandra Cárdenas, Jhoel Escudero, Enrique Herrería, Alí Lozada, Teresa Nuques, Richard Ortiz and Daniela Salazar. Carmen Corral was not present because she was on vacation.
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