[Politics] Attention: this is the instruction manual that establishes how the new Esmad will work

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he director of the National Police, General Henry Sanabria Cely, issued on September 25 the instructions that establish the "institutional guidelines for the restoration of order" in the country.

In the 10-page document known by EL TIEMPO, it is stated that the National Police "must guarantee public rights and freedoms, but also ensure compliance with the social duties of the State and of individuals" and exposes the articles of the Constitution National that protect them.

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Similarly, the instructions indicate that the institution -abiding by the guidelines of the Constitution, laws and regulations- gives instructions for the attention of the different scenarios that can alter order and that "require the use of less lethal force" .

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And it adds that it must act "under strict standards of protection of the human rights of both the participants and third parties unrelated to the events, members of the National Police and other authorities."

In fact, these instructions are to deal with situations related to public demonstrations, strikes, disturbances in public, collective or official transport services; obstruction of public roads that affect public order, confrontation between organized groups of soccer fans, riots, eradication of illicit crops, illegal exploitation of mining deposits, collective fights, riots in prisons or penitentiaries and usurpation of real estate or land.

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And next, it is indicated how the Police should act in each of the 11 situations indicated.

In cases of public demonstration

In recent days of vandalism, more than 100 people have been arrested in flagrante delicto and at least 10 more with a court order.

Photo: Cesar Melgarejo ET
According to the instructions, it is necessary to start from the basis that public demonstration is a right enshrined in the Constitution, "admits protest and the right to freedom of expression, which implies that, in this case, verbal aggression must be tolerated* by uniformed personnel (C-009/18 and C442/11)", among other items.

And it is disclosed how the Police personnel should proceed to attend the demonstrations, "the accompaniment to the public demonstration must be, as far as possible, discreet, so that the presence of the members of the National Police is not taken advantage of by the protesters to incite hatred.

Similarly, the police should not march alongside the demonstrators, nor should they be opening or closing the demonstration; they should not be stationed unarmed in places where they could be the object of attacks.

The document indicates that motorized reaction groups should be provided with personnel from the new National Unit for Dialogue and Maintenance of Order (UNDMO) – which police spokesmen explained to EL TIEMPO is the component of Esmad that will favor dialogue – "that they act in immediately when demonstrators attack public or private property or violate people's rights".

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It is indicated that "the right to public demonstration prevails over the right to a good name that is affected by offensive, shocking, shocking, indecent, scandalous or eccentric expressions. Therefore, there should be no reaction to such insults or slander."

It is pointed out that the public demonstration becomes violent when its members typify crimes that threaten public security (arson, throwing dangerous objects, carrying firearms or bladed weapons), or against life and personal integrity (personal injuries, homicide in attempted), or against the public administration (violence against a public servant, obstruction of the public function) or against the constitutional regime (assonada) or against public or private assets (damage to someone else's property).

And the instructions indicate to the police that in case of violence they must intervene under the protocol established for the UNDMO.

"In demonstrations with a majority presence of young people (15-24 years old), the first intervention will be by units of the Available Force, unless the level of aggressiveness is so high that the immediate action of specialized units of the UNDMO is necessary, the which will apply the protocols established in the regulation that regulates it".

Strike
Again, the instructions start from the fact that the strike is a right of the citizens enshrined in article 56 of the National Constitution.

The document indicates that the Police will proceed in these cases with the personnel of the Available Force, who will be in charge of complying with the provisions.
in article 448 of the Substantive Labor Code.

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"In the event that the strike is used to promote disorders or commit crimes, the initial intervention will be from the Available Force, and in the face of increased aggressiveness, UNDMO units will act, following the regulated protocols for its operation."

https://www.eltiempo.com/justicia/delitos/policia-instructivo-para-atender-situaciones-de-orden-publico-705847