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Court Nullifies Argentina’s Anti-Protest Protocol as Government Vows to Appeal

The judge said the security ministry overstepped by regulating criminal procedure and authorizing surveillance and immediate crackdowns that require judicial oversight.

Overview

  • The federal administrative court led by Judge Martín Cormick annulled Resolution 943/2023 and ordered the Security Ministry to stop using it and act under the Criminal Procedure Code.
  • The ruling rejected treating street blockades as automatic 'flagrancy' crimes and affirmed that only judges or prosecutors can authorize coercive police action.
  • The court found the protocol’s systematic identification and filming of demonstrators violated the National Intelligence Law and noted missing safeguards for vulnerable groups.
  • The case stemmed from a collective amparo by CELS and allied unions and rights groups, and the decision allows individuals affected by past operations to file criminal complaints.
  • Security Minister Alejandra Monteoliva said the government will appeal to the federal chamber, while Patricia Bullrich defended the protocol, which was used in mid-December during a CGT march and is linked to pending cases such as the injury of photojournalist Pablo Grillo.