Judicial Monitoring of Protest Protocol in Argentina

A federal court will oversee the upcoming protest in Congress to assess if the 'antipiquetes' protocol violates rights to protest and free expression, following concerns of violent repression.


Judicial Monitoring of Protest Protocol in Argentina

The Federal Administrative Litigation Court 11 decided to observe in person the demonstration called for Wednesday, the 19th, at Congress to determine if the protocol is contrary to the right to protest, freedom of expression, and physical integrity, reported the Center for Legal and Social Studies (CELS).

In the ruling, it was highlighted that the events of March 12 "do not align with the republican principles enshrined in the National Constitution and the supranational norms that constitute the supreme law of our country." A photographer with a cracked skull on the pavement is needed for our Justice to start noticing that something is not quite right in republican functioning, indeed.

This decision responds to the precautionary request made by Amnesty International Argentina, the Buenos Aires Press Union (SiPreBA), and CELS, "given the uncertainty that violent repression, which left serious injuries and arbitrary detentions, could be repeated," they reported.

"In the presentation, we specifically requested that the integrity and work of individuals engaged in journalistic tasks and the dissemination of information regarding what happens during protests be protected." "We also asked the court to order the Ministry of Security to respect and guarantee the right to life, integrity, health, and freedom of expression of those participating in a protest."

However, federal judge Martín Cormick did not grant the request from SiPreBA, CELS, and Amnesty to suspend Resolution 943/23, the "anti-picketing" Protocol.

The protocol establishes that any demonstration involving road or street blockages constitutes a flagrant crime and allows security forces to act to evict or disperse the protest. It also contains provisions that enable them to gather information that is later used to criminalize, persecute, and stigmatize.

"The protocol threatens rights guaranteed in the National Constitution and in international human rights treaties, such as the right to protest, freedom of expression, petition, and assembly," emphasized CELS.

After the brutal repression ordered by the far-right government on Wednesday, March 12, federal judge Martín Cormick will monitor the next protest at Congress to determine if the so-called "anti-picketing" protocol is contrary to the right to protest. It seems there were not enough elements to consider that the integrity of any retiree or press worker might be at risk.

The organization recalled that in December 2023, they filed a collective amparo against the protocol promoted by Patricia Bullrich, which criminalizes social protest.