Overview
- The Security Ministry appealed Judge Martín Cormick’s nullification of Resolution 943/2023, and the court granted the appeal with suspensive effect, so the protocol remains applicable pending review.
- Cormick’s ruling, issued on an amparo by CELS, found the rule exceeded executive authority, threatened freedoms of assembly, expression and petition, and authorized intelligence practices at odds with national law.
- In its filing, the government argued the protocol does not legislate or restrict rights, regulates collisions between private rights, relies on Article 194 of the Penal Code, and that amparo is an improper avenue.
- The appeal, presented by the ministry’s legal office, claimed irreparable harm from the nullity and reserved the federal case, positioning the dispute for potential higher-court scrutiny.
- Security Minister Alejandra Monteoliva and former minister Patricia Bullrich said the measure will continue to be enforced, as rights groups and unions press opposition while the appeals chamber weighs the challenge.