The Office of the Attorney General of the Nation issued a directive on Monday reminding its officials and researchers How to prosecute crimes in the context of protests, due to the high number of people prosecuted during the 2021 national strike and that many cases were reported to be inflated or to have been dropped due to lack of evidence.
The Attorney General, Luz Adriana Camargosigned the directive reminding officials of the precepts under which protests must be investigated, that follow the human rights guidelines and rulings of the Constitutional Court on peaceful protest and the rights of protesters.
Thus, they remember that, for example, “The use of socially accepted verbal expressions, as well as those expressions that are offensive, shocking, impactful, indecent, scandalous, eccentric or contrary to the beliefs of the majority, is considered part of peaceful protest.“, although there is no room for the War propaganda, the apology of hatred or violence, child pornography or the public and direct incitement to commit crimes.
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Light Adriana Camargo
Nor can it constitute a tax investigation flag burningsince the Constitutional Court has recognized it as “demonstration protected by freedom of expression” or the actions of minimal harm, such as marking building facades.
However, the Prosecutor’s Office must act in case of violence: “Violence, no matter when it occurs, whether as an excess to what began in peaceful terms or as the objective of a particular demonstration, escapes the guarantee of rights (of assembly and demonstration)“, reads the directive.
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The guidelines also remind that those calling for a protest They cannot be criminally investigated nor held immediately responsible for promoting or inciting peaceful protest..
And it provides special protection for human rights defenders who call for and participate in protests and for journalists who cover the marches, since they exercise the right to freedom of expression.
National strike 2021
Therefore, “It is the State’s responsibility to provide them with the highest level of guarantees so that they can fulfil their function, in addition to investigating any act of violence that threatens their personal integrity by public agents and individuals.“.
The police are also reminded some guidelines such as that they cannot deprive anyone of their freedom because they disrespect them.
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According to numbers from social organizations, from April 28 to June 28, 2021 during the protests against the Government of Iván Duque that are known as “national strike” either “social outbreak“, There were 1,832 arbitrary arrests, many of which did not reach the courts, but others were investigated by the Prosecutor’s Office and dismissed due to expiration of terms or lack of evidence..
The Prosecutor’s Office was then accused of acting under political guidelines to bring a strong action against the protesters, going so far as to charge Terrorism charges against people who blocked a road or protested or tried to prevent a violent act.
Office of the Attorney General of the Nation
For this reason, the prosecutor wanted to clarify some of these crimes, Remembering that obstruction of roads, for example, only applies when it threatens human life, public health, food safety, the environment or the right to work or is done by illicit means..
Likewise, He stated that it is only a crime when damage to another’s property occurs when a third party’s property is destroyed, rendered useless, disappears or damaged.among others.
EFE
