Overview
- Judge Martín Cormick granted a collective amparo by CELS and declared the anti-protest Resolution 943/2023 null, citing executive overreach into criminal and procedural matters, privacy violations in intelligence tasks, and lack of safeguards for vulnerable groups.
- The Security Ministry appealed and the court conceded the appeal with suspensive effect, so the protocol continues to operate until the National Chamber of Administrative Appeals issues a decision.
- In its filing, the Government argued the amparo was improper, said the protocol does not legislate or restrict rights, and framed it as guidance for police action in cases of flagrancy and under Penal Code article 194, while reserving a federal case for a potential Supreme Court review.
- Security Minister Alejandra Monteoliva and Patricia Bullrich defended the measure as essential for order and free circulation, as CELS and unions praised the initial ruling for setting limits on police operations.
- Cormick’s decision noted that individuals who consider themselves harmed by operations under the protocol may bring criminal complaints, and recent December demonstrations were cited in the record.