(CNN Spanish) – Peru is going through a political crisis after the removal of former President Pedro Castillo, who after trying to dissolve Congress —before facing a vacancy motion against him— was removed and arrested last week, accused of the crimes of rebellion and conspiracy to commit a crime.
Protests at the Rodríguez Ballón International Airport. File photo (Photo by DIEGO RAMOS/AFP via Getty Images)
These events generated discontent in some followers of Castillo, who took to the streets in various provinces in the interior of the country to demand the resignation of the current president Dina Boluarte. The social discontent that hangs over Peru has left several dead, dozens injured and at least two major airports in the country remain closed due to attacks on their infrastructure.
Faced with the current crisis, the Minister of Defense, Alberto Otárola, announced this Wednesday that the Government agreed to declare a state of emergency throughout the country. Otárola told journalists that the national measure implies the “suspension of the rights of assembly, of inviolability of homes, freedom of transit, freedom of assembly, freedom and personal security.”
But what exactly does the state of emergency mean for residents, and what restrictions will go into effect?
State of emergency in Peru
Institutions are guarded and secured by the military after violent protests in Arequipa, Peru, on December 14, 2022. Credit: Diego Ramos/AFP/Getty Images
According to the Constitution of Peru, the Government can decree the state of exception “in case of disturbance of peace or internal order, catastrophe or serious circumstances that affect the life of the Nation.”
And according to the Supreme Decree published this Wednesday, the state of exception will apply to the entire national territory.
How long will it last?
The decree indicates that the state of emergency will be valid for 30 days. During that time, the Peruvian National Police will be in charge of guaranteeing, maintaining, and restoring control of internal order, with the support of the Armed Forces.
Five business days after the end of the state of emergency, the National Police must present a detailed report on the actions carried out during the emergency regime and the results obtained, as established by the Government.
What is suspended during the state of alarm?
During the state of emergency, the constitutional rights related to the inviolability of the home, freedom of transit through the national territory, freedom of assembly, and freedom and personal security, which establishes Article 2 of the Political Constitution of Peru:
9. To the inviolability of the home. No one can enter it or carry out investigations or searches without the authorization of the person who inhabits it or without a court order, except in flagrante delicto or very serious danger of its perpetration. Exceptions for health reasons or serious risk are regulated by law.
11. Choose your place of residence, transit through the national territory and leave and enter it, except for limitations for health reasons or by court order or by application of the immigration law.
12. Assemble peacefully without weapons. Meetings in private premises or open to the public do not require a prior call. Those held in public squares and thoroughfares require prior notice from the authority, which can only prohibit them for proven reasons of public safety or health.
24. (F) To freedom and personal security. No one can be detained except by written and motivated order of the Judge or of the police authorities in case of flagrante delicto.
The decree does not establish a national curfew, but it does suspend the freedom of assembly.
Claudia Rebaza contributed to this report.