Note from the Saker: A Chilean friend send me the video below with the following explanation:
A commission has been established to analyze the Emergency State declared by the President of Chile, Mr. Sebastian Piñera.
The commission has asked a constitutional lawyer, Mr. Jaime Bassa to issue an statement.
Summarized, he states the following
1.- what is happening at the moment is that an exception to the exceptional state is what best describes the situation. What is happening on the streets of Chile has absolutely no constitutional support and is pure factual State Violence. Being very responsible with the wording, can be said that the constitutional norm establishes different ways to execute this exceptionalism. They can be gradually selected according the severity of the emergency: from external to internal shock.
This means that the limit of citizen guarantees restrictions it will depend on the seriousness of the threat. This is a key issue. What has been declared here is an emergency state, and this facilitates ONLY the President, to limit the exercise of freedom of movement and reunion of the population.
2.- He can delegate this function on a local authority, but this has not happened.
3.- however factually other liberties have been severed: information and press freedom, freedom to express opinions, against the right to peaceful protest at home. People are being detained in places that have not been authorized by law to serve to this purpose, people have been taken prisoners from their homes. This means that factually the military institutions is acting with no control and as if martial law had been declared, which is not true, ONLY an emergency state has been declared, as above described.
This is all very dangerous and mainly illegal.
5.- This law was originally issued in 1985 and reformed in 1990. This is the first time this law is used for a political situation, as before this time it has been only been used in catastrophe instances; earthquakes, floods, tsunamis, fire, etc
6.- actual curfew is also illegal and people who disobey it are not legally committing a crime, and should not be detained, it is an offense to be punished only by fine
What the initial twitter video shows is exactly the abuses currently being committed by the chilean armed forces against the population, totally illegal and with no political responsibility!!
He talks a lot more but I think this is quite enough to understand why this is illegal.
Meanwhile, Piñera has laid off the parliament at plenum!
My intuition tells me that this all has a lot to do to change the legislation to make if fit for the TPT. I think the establishment, PC included are behind this emergency state, but now they are losing control of it.