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Federal Judge Voids Argentina’s Protest Policing Rules as Government Vows Appeal

The judge found the security ministry intruded on criminal law, violating constitutional protections.

Overview

  • The Contencioso Administrativo Federal Court No. 11, led by Judge Martín Cormick, struck down Resolution 943/2023 after a collective amparo filed by CELS.
  • The decision rejects treating roadblocks as automatic flagrante crimes and reasserts that police use of force in protests requires judicial or prosecutorial control.
  • The ruling faults systematic identification and filming of demonstrators, citing conflicts with the National Intelligence Law’s ban on storing data for ideological or associational reasons.
  • It highlights the absence of differentiated safeguards for minors, older adults, and people with disabilities, ordering the security ministry to adhere to the Criminal Procedure Code and halt the annulled rules.
  • The security minister, Alejandra Monteoliva, confirmed an appeal to the federal appeals court, while the ruling allows individuals affected under the protocol to file separate criminal complaints against officers.