Constitutional Reform on Role of Armed Forces and Anti-Vaccine Law in National Assembly

Legislator Otto Vera, president of the Occasional Commission on Amendments of the National Assembly, highlights the approval in plenary of the constitutional reform to the role of the Armed Forces that allows it to collaborate with the National Police in the fight against organized crime without the need for that the head of state on duty dictates a state of emergency. It will only be required that the Police make the request and that it be given free rein at a meeting of the Public and State Security Council (COSEPE).

Vera recalls that the amendment will come into force when it is approved in a referendum, but that it is necessary to work on modifying other laws that enhance work against insecurity. One of them is the anti-vaccine law that he himself presented last week.

What are the changes to the role of the Armed Forces made by the amendment that was approved in the Assembly?

This reform is aimed at ensuring that the Armed Forces provide complementary support to the National Police, something for which they currently do not have the legal power. Now they can only do so with a decree of state of emergency, but it has to go through constitutional control and if the Constitutional Court does not find a basis for it, it collapses. Now, the authorization will depend on the Executive, the National Police requests, a Security Council is convened and the decree is issued in which the guidelines, the forms, the scope of action will be established.

But it has usually happened that the ruling on the Court’s constitutional control comes out weeks after the start of the state of emergency; and until there is a resolution, the combined actions continue to be executed.

First, the Court should take less time. The effect in any case is that the state of exception is overturned. With this reform it is no longer necessary… There could be a constitutional control later, but not in substance but perhaps in form. Another important change is the deadlines, states of exception could only last three months (two months and one renewal). Now the cooperation of the Armed Forces can last six months and an extension of one more. Separately, the crimes in which the Armed Forces can work are specified: extortion, intimidation and contract killing. Not only what is specified in the Law on the Legitimate Use of Force, such as organized crime, money laundering.

So does this amendment strengthen the fight against crime?

Yes, it strengthens it, we have logistical support against crime. But if we don’t change the law to toughen penalties for crimes that are becoming more prevalent, such as vaccines and extortion, nothing will happen. They are going to capture the criminals, take them to the justice system that is infiltrated and they are going to get them out. In that sense, the first thing that has to happen is for the reform to be approved in the popular consultation and then strengthen the law. We, in parallel, have introduced the anti-vaccine law.

What happens if people do not approve the amendment in this consultation?

It could not be applied.

Whose responsibility is it to campaign for it?

As the speaker of this reform, I have to go out and explain, to do a kind of campaign. And we are going to campaign as a Social Christian Party.

What does it propose in its anti-vaccine law?

The proposal modifies some points of the Comprehensive Criminal Organic Code (COIP), of the Organic Code of the Judicial Function to sanction judges who fail to comply with the new rules that are going to be established. New regulations such as, for example, classifying extortionate vaccination as a criminal offense. Extortion already existed, but it is improved.

What is the difference between extortion and extortionate vaccine?

It is similar, what changes are the penalties that become harsher. In the current law, someone who commits extortion is given three years, in the project it is punished as if it were murder (22 to 26 years in prison). There is no other way to stop it. The crime of extortion represents 90% of all crimes committed in the country and continues to be committed because the justice system releases them. And why does he release them? Because they take it as a kind of intimidation and it gives them six or eight months. So if you toughen the penalty it will stop. Second, whoever is found in flagrante delicto will not have access to alternative measures, he has to prosecute them immediately.

If vaccines are a way to finance organized crime, is it intended to reach them?

The vaccine is the “retail” business of organized crime; the big business is drug trafficking. But we attack vaccines because it is the most common business, the one that reaches the most people. Vaccines are like the “cachuelo” of criminals, they use this as private income, it is not that it goes to the common fund of the criminal organization. Another issue that we are including is that the victim can make anonymous complaints and intelligence has to investigate them and capture the flagrant crime and it is no longer necessary for them to present themselves to sign the complaint. Now if you report it they threaten you.

How much money do vaccines move?

We do not have the calculation, but every time we visit different neighborhoods or sectors they tell us that they have been vaccinated or they want to vaccinate them, or they are intimidating them, and thus there is no business that can advance. (YO)

2023-12-30 15:00:00
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