The state of siege is a claim that has been formulated before the protests social in the country Minister of Foreign Trade and Tourism, Luis Helguerowhich implies a very special exception regime in which the constitutional guarantees enjoyed by citizens in the Peru.
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Let us not forget that the Constitution, in its article 137, regulates the regime of exception, which according to the jurist Marcial Rubio Correa (To know the Constitution of 1993), consists of the restriction or suspension of the exercise of constitutional rights and the consequent attribution of extraordinary powers to the Executive Branch so that it exercises energetic control of peace and internal order in serious circumstances of unrest or internal conflict, or natural catastrophes that may lead to alterations in the normal life of people.”
Protests in Puno leave dead and injured.
Because it is an extraordinary situation, Congress must be notified immediately, although authorization from the Legislature is not required to establish it.
Is the regime of exception a dictatorship?
Marcial Rubio Correa points out that the emergency regime (state of emergency, which today exists in part of the country, and state of siege) is like a “dictatorship.”
“In reality, (the regime of exception) is the constitutionalization of a form of temporary dictatorship to deal with particularly serious social and political situations”says the writer.
protests.
in the state of siege we have a measure applicable to extremely serious situations such as ‘invasion, foreign war, civil war, or imminent danger of their occurrence’.
The extreme of the State’s reaction is that the Government, by decreeing the Site statusmust mention the fundamental rights whose exercise is not restricted or suspended.
In other words, it could suspend many rights, more than in the state of emergency in which the exercise of constitutional rights related to personal liberty and security, the inviolability of the home, and the freedom of assembly and transit in the national territory.
Is the state of siege a free letter to the Government for everything?
The state of siege It is not a free letter for the Government to suspend the exercise of rights at its absolute discretion.
Article 27 of the American Convention on Human Rights of San José, Costa Rica states that in Site status none of the following rights may be suspended:
– Recognition of legal personality.
– Life.
– Personal integrity.
– Prohibition of slavery and servitude.
– Principle of legality and retroactivity.
– Freedom of conscience and religion.
– Protection of the family.
– Right to name.
– Children’s rights.
– Right to nationality.
– Political rights and guarantees that correspond to it
How is it that Minister Luis Helguero requests a state of siege?
To the Minister of Foreign Trade and Tourism, Luis Helguero, A state of siege should be established in places of “extreme conditions” and reported that his sector “does not resist anymore” after the violent protests at the national level.
Minister of Foreign Trade and Tourism, Luis Helguero.
Luis Helguero González, Minister of Foreign Trade and Tourismspoke about the consequences of the violent protests at the national level that affect his sector and asked for more severity from the State.
“We are worried about recovering this image and recovering it soon. The tourism sector in particular can’t resist anymore”, said. When asked if he considers it feasible to establish a state of siege in the interior of the country, he pointed to places that are in “extreme conditions.”
“I believe that where it is necessary, where we are in extreme conditions, it should be established,” supported a local radio station.
What does the Constitution say about the siege stadium?
In a very similar way to the text of the 1979 Constitution, repealed as a result of Alberto Fujimori’s self-coup on April 5, 1992, the 1993 Magna Carta establishes to the letter what a state of emergency and Site status:
Chapter VII
Exception regime
Article 137.- The President of the Republic, with the agreement of the Council of Ministers, may decree, for a specified period, in the entire national territory, or in part of it, and informing Congress or the Permanent Commission, states of exception. which in this article are contemplated:
1. State of emergency, in case of disturbance of peace or internal order, catastrophe or serious circumstances that affect the life of the Nation.
In this eventuality, the exercise of the constitutional rights related to personal liberty and security, the inviolability of the home, and the freedom of assembly and transit in the territory included in paragraphs 9, 11 and 12 of article 2 and in subsection 24, section f of the same article. Under no circumstances can anyone be banished.
The term of the state of emergency does not exceed sixty days. His extension requires a new decree. In a state of emergency, the Armed Forces assume control of internal order if so ordered by the President of the Republic.
2. Site status, in case of invasion, foreign war, civil war, or imminent danger of their occurrence, mentioning the fundamental rights whose exercise is not restricted or suspended.
The corresponding term does not exceed forty-five days. When the state of siege is declared, the Congress meets by full right. The extension requires congressional approval.
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