Keys to understanding Court ruling: requires the Government to guarantee peaceful protest – Courts – Justice



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This Tuesday a judgment of 171 pages was known, issued by the Civil Cassation Chamber of the Supreme Court of Justice, in which The government is given a series of orders to protect peaceful protests.

(In context: Court orders the right to protest against systematic attacks)

In the decision of the high court, a tutelage presented by dozens of citizens is accepted, who consider that, on the part of the Government and Esmad, there have been “systematic attacks” that threaten their right to demonstrate and that restrict their ability to protest without violence.

His actions, far from being isolated, are constant and reflect a permanent aggression within the framework of the protests

Then we tell you some of the key points of the court’s ruling, which is considered historical for its content.

1. Court recognizes that they are not isolated events

One of the most relevant issues is that the Civil Cassation Chamber is recognizing that there is a systematicity in the attacks on the protest, due to the arbitrary and disproportionate violent use of force. That, in other words, means that for the Court they are not isolated cases but that there is a fundamental problem in Esmad and in the Police.

(Also read: The response of the Minister of Defense to the Court ruling on protests)

According to the ruling, the uncontrolled activities of these forces “represent a serious and current threat for those who intend to go out and mobilize to peacefully express their opinions, because their actions, far from being isolated, are constant and reflect a permanent individualizable aggression within the framework of protests.

2. Ask to reformulate guidelines

Another important point has to do with the orders, since the Court says that the guidelines on the use of force must be reformulated, remembering that the intervention of Esmad is the last ratio, that is, the last way to go and only when the protests turn violent, respecting in any case the rights of those who protest peacefully.

3. Protection applies to peaceful demonstrations

It is also very important that the high court remember that the has constitutional protection is the peaceful protest, not the one that involves violence and destruction.

(In other news: Uribe case is referred to the Court to define under what law it is developed)

March 21

The ruling ordered the suspension of the use of the 12-gauge shotgun by Esmad.

Photo:

César Melgarejo / THE TIME

4. The use of the weapon for which Dilan Cruz died is ordered to stop

On the other hand, the Court ordered the suspension of the use of the 12-gauge shotgun, a weapon with which an Esmad agent shot the student Dilan Cruz, who died after the fact, during a demonstration.

5. Ministry of Defense must apologize

Furthermore, the ruling orders the Ministry of Defense to offer public apologies and post the ruling on its website, due to the excesses in the use of force that occurred in the days of the National Strike last year.

6. The ruling takes into account cases between 2005 and November 2019

It is worth clarifying that, in this ruling, the Supreme Court of Justice is not ruling on what happened on September 9 and 10, when one of the most violent and violent protests in the recent history of the country took place. , after the assassination of engineer Javier Ordóñez at the hands of two police officers. The guardianship analyzed by the high court contains cases from 2005 to November 2019.

(It may interest you: There are 77 investigations against 101 police officers for shooting in protests)

In this way, the high court protected the rights to freedom of expression and to peaceful and non-violent protest, and censured “all the violent and irrational ways of formulating claims for the protection of rights”, calling for coexistence , tolerance and non-violence.

ELTIEMPO.COM AND JUSTICE

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