On September 18, the President of Peru, flanked by the Council of Ministers, made a critical announcement: a state of emergency would be imposed in three districts in Peru – San Juan de Lurigancho (Lima), San Martín de Porres (Lima), and Sullana (Piura). Triggered by an escalating pattern of citizen insecurity and organized crime within these areas, which was underscored by a nightclub grenade explosion injuring 15 in San Juan de Lurigancho, the decision was made to step up the state’s control over internal order.
Reported by Peruvian law students from the Facultad de Derecho y Ciencias Políticas, at the Universidad Nacional de San Antonio Abad del Cusco.
This drastic action paves the way for the Peruvian Armed Forces to buttress the local National Police in maintaining internal order. However, dissatisfaction and rising distrust of these security entities among the Peruvian populace due to alleged excessive force during protests also throws a shadow of possible authority misuses and abuses. Inevitably, this stokes fear among citizens, who are wary not only of the criminals in their streets but also potential rough conduct from these designated defenders.
It is essential, in this context, to emphasize that this emergency state does not equate to an Army and Police with unchecked powers. The
Constitutional Court of Peru illuminates the specifics of this special regime, underscoring that, despite certain constitutional rights’ restriction- namely liberty, inviolability of domicile, assembly freedom, and movement freedom– these impediments are not wholesale. Instead, stringent limitations bound the intervention of Armed Forces and National Police.
Defining the state of emergency, then, is not to suggest that Police and the Armed Forces possess ultimate authority over the nation’s internal order. Instead, it simply confers upon these institutions a wider latitude to tackle critical incidents endangering established constitutional order, albeit within the constraints of reasonableness and proportionality when applying force.
Therefore, it is necessary to keep a close watch on their operations and powers during this tumultuous period. Ensuring that the internal order, crucial to the country’s stability, does not falter without incidents of power abuse or excessive force is of paramount importance. It is incumbent upon the Executive Branch to fulfill this responsibility, given the eroded confidence of the populace towards our internal institutions during emergencies.
In summary, while the state of emergency declared by Peru is required to manage the growing citizen insecurity in the districts of San Juan de Lurigancho, San Martín de Porres, and Sullana, it does not endow the Armed Forces and the National Police with unrestricted power nor permission to employ undue force. In an emergency state, these institutions are tasked with ensuring the population’s safety and welfare, adhering to the principles of reasonableness and proportionality. Consequently, the State must also step in to oversee these powers and prevent potential power abuse.