The wave of violence unleashed during the national transport strike forced the Peruvian government to decree compulsory social immobilization from 2:00 a.m. to 11:59 p.m. today, Tuesday, April 5. The Supreme Emergency Decree has already been published in the Legal Regulations of the Official newspaper El Peruano.
This emergency decree, among its justifications, considers that “Article 44 of the Political Constitution of Peru provides that the primary duties of the State are to guarantee the full observance of human rights, protect the population from threats to their security and promote the general welfare based on justice and in the integral and balanced development of the Nation”.
“Article 137 of the Magna Carta establishes that the President of the Republic, with the agreement of the Council of Ministers, may, for a fixed period of time, decree throughout the national territory, or in part of it, and reporting to Congress or the Standing Committee, the states of emergency referred to in that article, including the State of Emergency, in the event of disturbance of peace or internal order, catastrophe or serious circumstances affecting the life of the Nation, and the exercise of constitutional rights relating to liberty and security of person, the inviolability of the home, and the freedom of assembly and transit in the territory”.
In addition, “that, considering the current context due to the actions taken during the above-mentioned protest measures, it is necessary to modify the provisions related to the suspension of the exercise of constitutional rights, in order to protect public order and internal order, as well as the life and health of the /as Peruvians”
“Amendment to Article 2 of Supreme Decree No. 025-2022-PCM, which extends the State of Emergency in Metropolitan Lima in the Department of Lima and in the Constitutional Province of Callao
Amend article 2 of Supreme Decree No. 025-2022-PCM, which extends the State of Emergency in Metropolitan Lima in the Department of Lima and in the Constitutional Province of Callao, to read as follows:
Article 2. Suspension of the exercise of Constitutional Rights
2.1. During the State of Emergency referred to in the preceding article and in the constituency referred to, constitutional rights relating to the inviolability of the home, freedom of transit within the national territory, freedom of assembly and freedom and security of person are suspended, which are included in article 2 (9), (11), (12) and (24) (f) of the Political Constitution of Peru.
2.2. From 02.00 a.m. to 11:59 p.m. on Tuesday, April 5, 2022, mandatory social immobilization is provided for all persons in their homes, in the districts of Metropolitan Lima in the department of Lima and in the Constitutional Province of Callao.
2.3. During compulsory social immobilization, strictly necessary personnel involved in the provision of health services, medicines, continuity of water, sanitation, electric power, gas, fuel, telecommunications and related activities, cleaning and waste collection are exempted solid goods, funeral services, transportation of cargo and goods and related activities.
2.4. During compulsory social immobilization, pharmacies and pharmacies are allowed to provide care according to the norm of the subject.
2.5. Press, radio or television personnel may transit during the period of compulsory social immobilization provided that they carry their personal work pass, their respective journalistic credential and their National Identity Document for identification purposes. Authorization is also extensive for mobile units that transport them for the fulfillment of their function.
2.6. People who require urgent or emergency medical attention because they are at serious risk to their lives or health are also allowed to travel by private vehicle or pedestrian vehicle, as well as to purchase medicines.
2.7. Workers in the public and private sectors perform only remote work, in accordance with the relevant regulations”
Refrendo
The Supreme Decree is endorsed by the president of the Council of Ministers, the Minister of the Interior, the Minister of Defence and the Minister of Justice and Human Rights.
The standard, published in an extraordinary edition of the Legal Standards booklet of the Official Gazette El Peruano, is signed by the President of the Republic, Pedro Castillo, and by the president of the Council of Ministers, Aníbal Torres.
Also, by Ministers José Luis Gavidia Arrascue (Defence), Alfonso Chávarry Estrada (Interior) and Félix Chero Medina (Justice and Human Rights).
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