On the afternoon of this Wednesday, December 14, Defense Minister Luis Alberto Otárola announced that the Government will declare a state of emergency throughout the national territory for 30 calendar days. Therefore, in this note we explain what the implementation of this measure means.
Why is the state of emergency declared?
According to the Minister of Defense, a state of emergency will be declared due to the political crisis facing the country due to the coup d’état by Pedro Castillo and the assumption of Dina Boluarte as president.
“It has been agreed to declare a state of emergency for the entire country. This is due to acts of vandalism and violence, the seizure of highways and roads, which are certainly already stabilizing acts. It is being controlled by the National Police and the Armed Forces, and that require a new forceful response from the new government”, emphasized.
Since when will it apply?
The state of emergency is dictated by supreme decree of the Executive and For its entry into force it must be published in the newspaper El Peruano.
What does the state of emergency mean?
During the state of emergencyconstitutional rights are suspended relating to freedom of transit in the national territory, freedom of assembly and personal freedom and security, included in subsections 11), 12) and 24) literal f) of article 2 of the Political Constitution of Peru.
Likewise, it provides for the intervention of the Peruvian National Police and the Armed Forces in accordance with the provisions of Legislative Decree No. 1186, Legislative Decree that regulates the use of force by the Peruvian National Police, and in Legislative Decree Nº 1095, Legislative Decree that establishes rules for the employment and use of force by the Armed Forces in the national territory and its Regulations, approved by Supreme Decree Nº 003-2020-DE, respectively.
Will the curfew apply?
The Defense Minister indicated that the application of a curfew throughout the country is being evaluated and that the decision will be made before the publication of the rule declaring a state of emergency in Peru.
“There is that possibility [de toque de queda] and we are going to define it today, but within the appropriate legal framework it is the declaration of the state of emergency that we are determining today, and consequently the National Police with the support of the Armed Forces will ensure control of everything the national territory, of personal property and, above all, of the strategic infrastructure and the safety and well-being of all Peruvians.he referred in statements to the press.
