The joint committee tasked with resolving differences between the Chamber of Deputies and the Senate approved this Wednesday the bill establishing the rules on the use of force (RUF) for the Public Order and Security Forces and the Armed Forces. The initiative was discussed under immediate urgency, a condition that was announced at the start of the session.
During the session, the committee finished settling a series of provisions that remained pending, particularly those related to the actions of military personnel. Among them, it was approved that, in peacetime, the military authority in charge of forces assigned to safeguarding public order, internal public security, the protection of critical infrastructure, or military facilities must act in accordance with the constitutional and legal mandate, the RUF, and the framework set by the supreme decree that authorizes their intervention.
One of the main points of discussion in the committee's final session was the escalation in the use of force. The first six rules cover everything from deterrent deployment and verbal persuasion to the use of less-lethal means, physical control, and the use of blank ammunition. That block was approved by seven votes in favor and one against.
Subsequently, lawmakers reviewed the so-called rule seven, which authorizes the use of shotguns with anti-riot ammunition to prevent or repel a serious and imminent danger to...
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The joint committee tasked with resolving differences between the Chamber of Deputies and the Senate dispatched this Wednesday the bill establishing the rules for the use of force (RUF) for the Forces of Order and Public Security and the Armed Forces. The initiative was discussed under immediate urgency, a condition that was announced at the start of the session. During the day, the body finished settling a series of provisions that remained pending, particularly those related to the actions of military personnel. Among them, it was approved that, in times of peace, the military authority in charge of forces assigned to safeguarding public order, internal public security, the protection of critical infrastructure or military facilities must act in accordance with the constitutional and legal mandate, the RUF, and the framework set by the supreme decree that authorizes its intervention.
One of the main points of discussion in the body's final session was the escalation in the use of force. The first six rules cover everything from deterrent deployment and verbal persuasion to the use of less-lethal means, physical control, and the use of blank ammunition. That block was approved by seven votes in favor and one against. Subsequently, lawmakers reviewed the so-called rule seven, which authorizes the use of shotguns with anti-riot ammunition to prevent or repel a serious and imminent danger to the life or physical integrity of third parties, military or police personnel, as well as situations related to damage to or loss of critical infrastructure and the protection of military facilities. The provision was approved by seven votes in favor and two against.
The committee also reviewed rule eight, concerning the use of lethal weaponry. The text contemplates its use against persons who use or are preparing to use lethal weapons or other means capable of endangering life, as well as in the face of certain attacks against critical infrastructure or military facilities when the loss of their control could generate risks for people or compromise military or national security. During the discussion, lawmakers raised objections regarding the breadth of this latter hypothesis.
Another of the points addressed was the situation of Gendarmería de Chile. The committee unanimously approved a provision that excludes the institution and its personnel from the application of this law, establishing that its use of force will continue to be governed by the legal and regulatory provisions applicable to it.
The final discussion was marked by the article regulating exemptions from criminal liability. The provision establishes that personnel of the Forces of Order and Public Security or of the Armed Forces who comply with the RUF will be covered by the exemption of compliance with duty contemplated in the Penal Code. In addition, it incorporates other exemptions from the Penal Code and references to the Code of Military Justice. The point drew criticism from lawmakers who warned about its effects, while other members defended that these are grounds currently in force in the legislation. Finally, that provision was approved by five votes in favor, three against, and one abstention, after which the body's secretariat declared the bill dispatched. Before adjourning the session, the committee also made a concordance adjustment in the wording regarding the "prior degrees" in the use of force. With this, the report of the joint committee was dispatched to the Chamber of Deputies, where the decisions taken must be debated.
The Minister of Public Security, Martín Arrau, welcomed the dispatch of the law and stated that "it is not only important for the government, it is important for Chile, it is important for every carabinero, every officer of the Investigative Police and of the Armed Forces when they are carrying out security and order functions." In addition, Arrau highlighted the legislative progress of the initiative and noted that, after the dispatch by the Joint Committee, two steps remain to complete its processing and become law. The minister maintained that the central objective is to replace the various rules that currently regulate these actions with a common framework: "What we are doing is replacing a dispersion of rules, which are often interpreted in different ways in the event of contingencies, with a robust legal framework, a law that provides an ordering of how forces will be used in different situations."