The government imposed a state of siege in Ikshiguan and Tagumulko due to the violence caused by armed groups

The Guatemalan government decreed a state of siege in Exchigan, Tagumulco, and San Marcosfor a period of 30 days, due to violence against security forces and the population in general by armed groups that endangers life, freedom, justice, security and peace in those municipalities.

Government Decree 2-2022 was issued on Wednesday, June 8, 2022 in Diario de Centro America and decides that The status of the site will be in effect from today for 30 days.

The decree states that according to the executive report on poor security in the municipalities of Ikeshiguan and Tagumulco, both in San Marcos, which was submitted by the Ministry of National Defense, it has been established that Numerous residents and armed groups carried out acts of violence and attacks against residents and security forcesIt affects justice, social development, peace and security and endangers people’s lives and freedom; Therefore, it is urgently necessary to issue appropriate measures to mitigate acts of violence and impotence.

In Article 1, the Government declares a state of siege in Ixchigúan, Tajumulco and San Marcos and in Article 2, He justifies that measures have been implemented in both municipalities that will affect public order, governance and the safety of residents.

It stresses that the various armed groups “committed acts of violence against the security forces and the population, endangering their lives and freedom, justice, security, peace, comprehensive development and property, and in order to avoid further consequences, it is urgently necessary to implement all appropriate measures in order to restore guarantees and rights to those affected in the above-mentioned municipalities “.

A state of siege is declared for a period of 30 days from the entry into force of this government decree in accordance with Article 3.

Watch also: Videos: Rescuing a family caught in the crossfire of Tajumulco residents

What rights are limited

The decree provides in Article 4 restricting the full validity of the rights recognized in the following articles of the Political Constitution of the Republic of Guatemala.

  • Article 5, freedom of action
  • Article 6 – Legal Seizure
  • Article 9 Interrogation of detainees or imprisoned persons
  • Article 33 (first paragraph) Right of assembly and demonstration
  • Article 26: Freedom of movement
  • Article 38: Possession and bearing of arms

It adds that with regard to the restrictions on the right to freedom of movement recognized in Article 26 of the Political Constitution of the Republic of Guatemala, it will be limited only from 6:00 pm on one day to 6:00 am the next day within the municipalities of Exchiguan and Tagumulco.

Read also: Revitalization of the conflict between Excheguan and Tagumulco: a soldier wounded by gunfire among residents

It is mentioned in Article 5 of the decree that during a state of siege, the President of the Republic exercises the government in his capacity as Commander-in-Chief of the Army through the Minister of National Defense, who takes the necessary and appropriate measures. Derived from the restriction of constitutional rights, observing the principle of necessity and proportionality.

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It has also been proven that the Ministry of Interior and all state authorities and entities, whatever their nature, are obligated to provide the military authority with the required cooperation and coordination, within the scope of their competence. for Article 6.

Measures during a state of siege

Article 7 establishes measures during the operation of a state of siege, in accordance with the restriction of rights referred to in Article 4, and states that the measures and provisions provided for in Articles 8, 13, 19 and 42 of Decree No. 7 of the Constituent Assembly of the Republic of Guatemala, the Public Order Act, as Seen and justified by the responsible authority.

The decree also states that in the event of a blockade, restrictions set by the responsible authorities may not conflict with the obligations imposed by international law under the following conditions:

  • a) It must not generate any discrimination based on race, sex, language, religion and social origin.

  • b) No restrictions shall be imposed on the provision of or interference with indispensable judicial guarantees.

Article 8 directs the Academy of Mayan Languages ​​to immediately translate this Government Decree into the national languages, consistent with the linguistic communities of the affected municipalities and administration, so that they communicate and advertise in the declared territory in a state of siege, under the responsibility of the responsible municipal and community authorities, who must receive the support of all media or something similar to post it.

Also Read:5 year old boy dies by stray bullet caused by conflict held by residents of Exchiguan and Tagumulco

A timely report shall be submitted to the Congress of the Republic of Guatemala on the measures adopted, in accordance with the provisions of Article 32 of Decree No. 7 of the Constituent Assembly of the Republic of Guatemala, Public Order Act.

In Article 10, the Congress of the Republic of Guatemala is called to inform, within three days, of ratifying, amending or rejecting this government decree.

The last article states that this government decree begins on the date of its publication in Diario de Centro América.

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