Defending the right to humane treatment and the prohibition of the use of poisonous weapons and the disproportionate use of force The constitutional guarantee of respect for personal integrity is its development in political rights in banning the use of firearms and toxic substances to control peaceful demonstrations. This was enshrined in Articles 46, 53 and 68 of the current Constitution. In these prohibitions is added the prohibition of disproportionate use of force contained in " The Basic Principles on the Use of force and fire arms by officers enforcing the law "(Resolution No. 45/111 of the General Assembly of UN of 14/12/1990) and" The Code of Conduct officials law enforcement "(Resolution No. 34/169 of the General Assembly United Nations of 17/12/1979). These prohibitions as part of our domestic law, in accordance with Articles 19, 22 and 23 of the Constitution.
The violation of these prohibitions by the police and military officials constitutes cruel, inhuman or degrading treatment, no exception, as noted UN in comment General No. 20 on Article 7 of the International Covenant on Civil and Political Rights (44 session, 1992). That when part of a systematic or widespread persecution, and intentional on the part of government officials against groups or communities based on political reasons, or exclusive, which are unacceptable under international law to deprive them of their rights to assemble and express publicly, without permission, and intentionally causing great suffering or injury to serious injury to health or physical safety of persons, crimes against humanity (Art. 7, Statute Criminal Court International). These crimes as well as being inalienable, the State is obliged to investigate and sanction when committed by authorities and fully indemnify the damages to the victims of such violations, as provided in Articles 29 and 30 constitutional and the Prosecutor before the Court International Criminal can automatically call your research and that this Court can if the State has jurisdiction to prosecute not willing to carry it out, or not to prosecute any, or if the trial starts to remove those responsible for the jurisdiction of this Court, or in cases of undue delay or biased prosecutions (Arts. 15 and 17 Statute of the Court International Criminal ).
course are aggravating elements, and evidence of these violations, contempt of officials responsible for monitoring the bans demonstrations to commit acts of propaganda, militancy or political propaganda, to justify the use of poisonous weapons desprorpocionado or use of force, for reasons or political or ideological reasons as happened in the march on August 22 against the enactment of Organic Law of Education, when the commander in charge of monitoring the progress in Instead of calling on demonstrators to calm, if indeed it was disturbing the peace, however, excused the use of toxic gases released within the wider discretion, even in subway stations closed without prior warning some, with political arguments and expressions of intimidation and warmongering against opposition groups in general, exclusive content for their political rights, general as I listen to the audiovisual media, which is a notorious fact communication.
In this regard, to illustrate the elements that, according to Resolution N ° 34/169 of the General Assembly Nations adopted by the United 17.12.1979 " The Code of Conduct for Law Enforcement Act " define the disproportionate use of force as a cruel, inhumane and degrading treatment, are outlined below:
1) The illegitimacy of the use of force , where their use has no legal basis (Eg, use prohibited toxic substances and firearms);
2) Qualifying Agent: who uses force is a State official legally empowered to do so (officers and guards National Guard and police from the Metropolitan Police )
3) The nature of the act : Overuse occurs in the exercise of public functions by the agent (control events);
4) The disproportion between means and ends: The use of weapons or lethal toxic individuals or groups against unarmed. Only possible use of force when strictly necessary and to the extent required for the performance of tasks without flout constitutional prohibitions on the use of firearms and toxic substances;
5) Opportunity: If the victims are defenseless, resort to the use of toxic or potent weapon to use excessive force becomes a form of abuse or cruel, inhuman or degrading .
Naturally, they were found in the control of movement of the August 22, 2009, the toxic substances used harmful to personal integrity and physical health demonstrators and justified by political and ideological use as a means of depriving a population group of their right of assembly and demonstration in certain sectors capital. Made this worse by the actions of a military officer who was constitutionally prohibited acts of militant propaganda or political proselytism, and by the support that he gave his illegitimate action the President of the Republic in his Sunday program of 23 August, who said that " had talked with the Commander of Core 5 National Guard , Antonio Benavides Torres, who harangued the soldiers then penalizing those who marched on Saturday to reject Law Education and therefore congratulated him ("El Nacional", of 24.08.2009, p. 2, Nation). In this regard it is worth remembering that the concept of military security policing applied to preclude the public safety concept of modern constitutionalism. According to this principle in peacetime internal security must be in the hands of the police under a civilian and a civilian also design because, as stated, held in Lima in 1999, the principle of security distinguishes citizen soldiers who are about closed boxes are educated under the due obedience and can not think to events, but just shoot when they are ordered, and the police is a complete tactical unit has to solve the problems on the street and so is able to decide what should be their conduct to a made concrete in a moment. For Finally, the concept of military security, which involves the militarization of the police, was defeated in the referendum of December 2, 2008.
Román J. Duque Corredor
President of the Academy Political and Social Science
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