by Judge Sebastián Casanello asked the Minister of Security -Patricia Bullrich- to send him the background of the protocol and all the regulations that support the implementation of the system to control pickets and street blocks within 72 hours. The magistrate also wants to know whether the ministry responded to the report of the UN rapporteurs “on the rights to freedom of peaceful assembly and association and the promotion and protection of the right to freedom of opinion and expression.”
Casanello was drawn to investigate the case in which anti-picket protocol is questioned that promoted the ministry led by Patricia Bullrich. This is a presentation made by the Buenos Aires representative Celeste Fierro (MST in the Frente de Izquierda Unidad) together with the party representative, Mariana Chiacchio.
Within three days, Bullrich must inform the judge of the background of the protocol, “previous legal opinions, queries formulated about it; whether complementary acts comply with international human rights standards.”
Likewise, the magistrate required that the Security portfolio detail whether there were other complaints about the application of the protocol.
What two UN rapporteurs said about the protocol
The Government received a report from the UN special rapporteurs on the rights to freedom of peaceful assembly and association; and also the opinion of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the situation of human rights defenders.
In this regard, Casanello asked the minister. what was done with said reportif there was any formal response to the organization, and if it was taken into account to design or correct the application of the protocol.
“We would like to urge your government to take all necessary measures to review the aforementioned resolution and bill in order to ensure that it is compatible with international human rights standards and do not impose undue restrictions on the right to freedom of peaceful assemblyin light of the relevant provisions of international human rights standards,” the rapporteurs’ report states.
In particular, the text continues, “we request that you ensure that this review is carried out in coordination and cooperation with human rights organizations and international mechanisms. “For this exercise, the entire range of international obligations that the State of Argentina has assumed by ratifying the various international human rights treaties should be taken into account.”
Now Casanello wants to know Whether these suggestions were adopted or responded to.
On the other hand, it was asked if the portfolio led by Bullrich had made any queries to the Ministry of Justice regarding the implementation of the protocol.
Since the MST ruled on the file, which will be processed in federal criminal jurisdiction.
“After wandering for 50 days through eight courts and one chamber, electoral, contentious and criminal jurisdictions, finally a judge accepts our case against the repressive protocol, which we began on December 18 as a ‘declaratory action of unconstitutionality’. It is a positive first step and I hope that as soon as possible the judge suspends the protocol and declares it unconstitutional,” said the Buenos Aires representative Fierro.
MST leader Alejandro Bodart added: “This repressive protocol is another example of the totalitarian political regime that the government of Javier Milei intends to impose, which with total hypocrisy repeats the slogan ‘long live freedom, damn it’ but tries to overwhelm all the social and democratic rights in force in our country. “It is a very serious offensive, a de facto state of siege that illegalizes the right to social protest, giving free rein to police repression.”
