On this Wednesday, May 5, the Presidency of Colombia had to come out to reject a decree circulating on social networks in which it is presented You read that the country entered into internal turmoilIt is a measure yet to be taken, although it has not been ruled out by President Ivan Duque.
The Director of the Administrative Department of the Presidency of the Republic, Victor Muñoz, explained that it is a false image that is being circulated on WhatsApp chains. “This is a montage for those who sought to mislead all the time. This decree is false, it is false news.”, Handle.
In recent days, different Colombian politicians have spoken of the potential for internal turmoil in Colombia. Exactly on May 5, Chamber representative David Racino confirmed that the Nariño Council was already drafting the ordinance. “We learned from a very good source that in the Nariño Palace they anticipated the decree of internal disturbances.”The opposition politician said.
Chapter 6 of the Political Constitution of Colombia is where the articles referring to a state of internal turmoil are located. The first thing that is revealed is the statement that the president of the state and all his cabinet ministers must sign. Once the text appears with each signature, the national government will have the extension Powers absolutely necessary to repel aggression, defend sovereignty, fulfill the demands of war, and seek to restore normalcy. It is a number created to address specific situations such as:
– Foreign war (state of foreign war).
– Serious disturbance of public order that imminent threatens the institutional stability and security of the citizen, and cannot be avoided through the use of ordinary powers of police powers (state of internal turmoil).
– Impending serious disturbances to the economic, social and environmental system of the country, or events that constitute a serious public disaster (state of emergency).
What can the president do about a state of shock?
Firstly, it is clear that the shock state cannot last more than 90 days; If it continues for more than that time, it requires the advance opinion and support of the Senate of the Republic. According to Article 213 of the Political Constitution, once the declaration is issued, the government has exceptional powers to implement legislative decrees that suspend laws that conflict with the state of turmoil. The president can, according to a summary Time, Do the following:
– Restricting the movement of citizens.
– Temporarily use public and private assets.
– Restrictions, through legislative decrees, on radio and television.
– Restricting demonstrations that may disturb public order.
– Order, by verbal or written judicial order, to intercept communications.
– Provide a court order, and in some cases without it, for preventive arrest of persons known to have committed or will commit a crime.
– Limiting or legalizing the use of services or the consumption of basic necessities.
– Suspending the work of mayors or governors when they contribute to disturbing public order.
– Imposing financial or quasi-tax contributions.
– Budget adjustment.
– Provide, in some cases without prior judicial authorization, house searches or searches to search for judicial evidence or prevent crimes.
What the boss could not do and the conditions
Although internal turmoil enables the national government on many sensitive issues in a democracy, there are lines drawn by the political constitution itself. Articles that come out of this number will be subject to the following provisions:
1. They may refer only to matters that have a direct and specific relationship with the situation defined by the declaration of the state of exception.
2. Human rights and fundamental freedoms cannot be suspended. In any event, the rules of international humanitarian law will be respected. A legislative law regulates government powers during states of emergency and establishes judicial controls and guarantees to protect rights, in accordance with international treaties. The measures taken must be commensurate with the seriousness of the facts.
3. The normal functioning of branches of public authority or state agencies will not be interrupted.
4. As soon as the foreign war or the causes that led to the state of internal turmoil stops, the government will announce the restoration of public order and lift the state of exception.
5. The president and the ministers are responsible when they declare states of exception without external wars or internal disturbances, and they will be responsible, like other officials, for any excess they commit in the exercise of their powers. … referred to in previous articles.
6. The government sends to the Constitutional Court, on the day after its issuance, the legislative decrees that dictate the use of the powers referred to in the previous articles, so that it can finally decide on its constitutionality.