Government responds to ruling of the Supreme Court on the right to protest – Courts – Justice



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The National Government responded to the decision of the Supreme Court of Justice which, by means of a guardianship ruling, ruled on the right to protest and questioned Police procedures.

(We recommend: The 14 orders of the Court for the ‘systematic aggression’ to the protest)

The Government responded to the Court that it “will continue to face vandalism” with all the tools at its disposal.

Defense Minister Carlos Holmes Trujillo told the magistrates that the excesses of force recorded in some of those protest days are not a guideline but personal actions of some members of that police force.

(Also read: Six keys to understanding the ruling that requires guaranteeing peaceful protest)

“The public and peaceful demonstration or protest of citizens is guaranteed by the Political Constitution and this is carried out within the policy of coexistence and citizen security,” said the minister, adding that The public force ensures the life, rights and freedoms, personal integrity, property and honor of all residents in Colombia.

In his statement, the official also noted that “the Public Force has protocols adjusted to international standards on Human Rights, to protect life, rights and freedoms, integrity, property and honor of residents in Colombia. These they include the rights of those who participate in public and peaceful demonstrations, as well as those of those who do not. “

(You may be interested: ‘The political conditions for a reform to the Police are not given’)

He indicated that the actions of the Mobile Anti-Riot Squad (Esmad) occur “exclusively in the face of violent and irrational actions that constitute crimes, violate people’s rights and are not peaceful demonstrations.”
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The Defense Minister said that in the world most countries have forces of this type and that “they continually update and improve their protocols for action.”

He also said that the Executive will maintain the process of modernization and transformation of the National Police and “will continue to face vandalism and all forms of violence and terrorism, as is its constitutional obligation.”

(Also: Prosecutor’s Office asks the Police to clarify the use of firearms in protests)

The minister did not refer to the specific orders of the Court to stop using, for example, the 12-gauge shotgun, which was used in the operation in which the young Dilan Cruz was killed, or to the forgiveness that he should make.

Announced that the Government will request the Constitutional Court to select for the review of the ruling issued by the Civil Cassation Chamber of the Supreme Court of Justice.

“The Public Force, in particular the ESMAD, does not institutionally incur excesses, and in the cases as of November 21, 2019, in which there may have been excesses on the part of the Public Force, these would correspond to individual actions of some of the its members, due to non-observance of the Constitution, the Law, the regulations and protocols, “the official reiterated.

(We suggest: Police linked to the murder of Javier Ordóñez are sent to jail)

And he added: “These individual behaviors of some of its members, due to non-observance of the Constitution, the law, the regulations and protocols, they are currently the subject of criminal and disciplinary investigations by the competent authorities, who will be the calls to establish, or not, individual responsibility “.

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