2023-10-05 10:42:00
© Gabriela Rottaris/Amnesty International Argentina
The provincial police of Jujuy committed arbitrary arrests, illegal use of force and other practices to repress social protest in the context of mobilizations for constitutional reform in the province, Amnesty International said today after concluding a fact-finding mission in the area.
“After carrying out the approval of a new Constitution without consulting the population and without the free, prior and informed consent of the indigenous peoples, we have found that the police of the province of Jujuy responded with use of indiscriminate force against those who were protesting for their rights,” said Ana Piquer, director for the Americas of Amnesty International. “Our investigation points to how provincial authorities have created a hostile environment for the Jujuy population to exercise their right to peacefully protest.”
From September 25 to 29, an Amnesty International delegation visited the city of San Salvador de Jujuy and the departments of Tumbaya, Cochinoca, Humahuaca and Susques in the province of Jujuy. The organization interviewed at least 107 victims and witnesses, including members of more than 15 indigenous communities, lawyers, human rights organizations, the attorney general of the Public Prosecutor’s Office, Sergio Lello Sánchez, and representatives of the provincial Ministry of Security. In addition, a meeting was requested with the Secretariat of Human Rights and the Secretariat of Indigenous Peoples of Jujuy, which could not yet be held.
The organization shares its preliminary findings that anticipate the report that it will prepare and present to authorities, communities and society in general.
Physical injuries and difficulty obtaining medical care
Amnesty International noted the unnecessary and excessive use of force, including the use of tear gas and rubber bullets in protests, which resulted in multiple cases of injuries to those who participated in the protest.
Both the testimonies shared with the delegation and the audiovisual records analyzed by Amnesty International’s digital verification team demonstrate that the police fired rubber bullets directly at the heads of the protesters.
In fact, among the testimonies received by the organization from people with injuries from the impact of this weapon, two of them suffered permanent eye injuries, including a teenager who was shot with rubber bullets in the face and torso. Under international human rights law, shooting rubber bullets at the head or upper body is prohibited. Furthermore, these projectiles should only be used to target a specific person involved in acts of violence and only when other less extreme means are insufficient.
A large part of the testimonies collected by the organization show the presence of security force officials who intervened in the control of the protests in private vehicles, without identification or who refused to identify themselves when questioned by the people who were demonstrating. . Likewise, many accounts point to the presence of non-uniformed state officials who attacked protesters with blows and stones.
Many of the victims interviewed by Amnesty International who suffered physical injuries reported encountering resistance and even denial of medical care at more than one public hospital in the province. As stated in the United Nations Basic Principles on the Use of Force and Firearms, authorities have the obligation to provide medical assistance and services to injured people as soon as possible.
Arbitrary arrests, criminal and contraventional prosecution
Amnesty International also heard multiple reports of arrests of people for the sole reason of participating in the demonstrations, which constitutes an arbitrary measure of deprivation of liberty.
For example, during the protests held in San Salvador de Jujuy on June 20, more than 70 people were deprived of their liberty. However, according to information from the Public Prosecutor’s Office, only “two or three” of them are being investigated for alleged acts of violence committed during the demonstrations, while the others were released without charge.
Likewise, during the massive protests in the town of Purmamarca on June 17, many people were detained without having received any justification from the police, including a 17-year-old teenager who was taken to a detention center even after having clarified. to the authorities that he was a minor. A woman also arbitrarily detained in Purmamarca reported having been forced to undress completely in front of a group of male police officers.
On the other hand, the widespread use of the provincial Contravention Code to intimidate and unjustifiably sanction protesters has been confirmed. The use of this instrument, which regulates minor offenses and whose application is under the purview of the province’s Ministry of Security, has been another form of criminalization of protests in Jujuy. Several people interviewed reported having received notifications of alleged violations in their homes or on the streets for the simple fact of having peacefully participated in a demonstration or having provided food or drinks to those who were demonstrating. These contraventional processes are initiated and processed by personnel of the Ministry of Security, often in the absence of the accused person, although they can result in onerous fines or even deprivation of liberty. In many cases it has been documented that the same person is also criminally investigated for the same facts, affecting the guarantee of prohibition of double jeopardy.
In turn, according to information provided by the Ministry of Security, 180 police officers were injured during the protests in Jujuy, events that are being investigated by the authorities. On the other hand, there has been a lack of proactivity on the part of the authorities to investigate possible abuses committed by security agents during the demonstrations. In this sense, the testimonies collected show the fear on the part of victims to file complaints, for fear of being persecuted for their participation in the protests.
“It is inadmissible that, using the legitimate exercise of their human rights to complain to the authorities for the lack of prior consultation with an instrument as central as the provincial Constitution, the indigenous communities have been victims of violence, abuse and arbitrary detentions. In their testimonies, young people, women and indigenous leaders conveyed the importance they give to the management of natural resources in their worldview and ways of subsistence and how having been excluded from their right to participate in the imposed reforms pushed them to go out. the streets to protest as a tool to make themselves heard. These people fight for their lives in a context of absolute exclusion and the authorities must respect their rights to freedom of expression and peaceful assembly,” said Mariela Belski, executive director of Amnesty International Argentina.
“The people of Jujuy have the right to peacefully assemble and express themselves freely, as well as to be informed and participate in measures that affect their rights. “The provincial authorities must guarantee these rights and investigate promptly, exhaustively, independently and impartially the human rights violations committed in the context of the protests.”
Additional information: The context of protests in Jujuy
On June 16, 2023, the Constituent Convention of Jujuy approved a partial reform of the provincial Constitution without social participation and without the prior, free and informed consent of the indigenous populations.
As of this reform, protests broke out throughout the province of Jujuy within the framework of which numerous human rights violations took place due to police repression in different parts of the province.
Among the issues that have raised concern among the population are:
Restriction on forms of public demonstration Environmental issues, including the water regime and environmental exploration or exploitation Exercise of consultation and participation and territorial ownership of indigenous peoples.
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