A group of protesters call for more security amid violence and crime on the fringes of the Iquique (Chile) regional government on January 30th. ALEX DÍAZ ((EPA) EFE)
The Chilean parliament this Wednesday approved by a large majority a bill called the Naín-Retamal, named after the surnames of two police officers who were murdered in 2020 and 2022, which will give the police more tools against criminals amid the security crisis on the public agenda. The initiative increases penalties for those who commit crimes against the police and establishes the privileged legitimate defense of security forces and military personnel – the presumption of legitimate use of their service weapon – when their physical integrity or that of a third party is at serious risk. Risk. The bill won the votes of the traditional left and right, while much of President Gabriel Boric’s original coalition turned its back on its most controversial article: the one that establishes privileged legitimate defense for police and public officials in the Penal Code.
The two blocs that make up Gabriel Boric’s government – Aproveo Dignidad (AD) and Socialismo Democrático (SD) – showed their rupture in the vote. The majority of congressmen from the Communist Party and the Broad Front, who form the Chilean President’s original coalition, rejected the bill. Meanwhile, the parties of the moderate left, the forces that once formed the Concertación (1990-2010), voted as the executive wanted. In the third legislative session voted on Wednesday, the right supported the initiative and representatives of the far-right Republican Party opposed it.
One of the points that generated the greatest friction was the personal defense of the agents of the carabineros, the investigative police, the PDI and the gendarmerie when they exercise public order and internal public security functions. Interior Minister Carolina Tohá, who conducted the negotiations on behalf of the executive, and her team succeeded in dispelling the suggestion that a privileged legitimate defense is guaranteed if a serious crime is to be prevented. However, they gave in to the opposition in proposing that the law be included in the Criminal Code rather than the Military Justice Code, where the principle of legitimate defense for extreme cases already exists.
“We agreed to omit some frankly outlandish ideas that were attempted to be included in this project, such as that commanders should not be responsible for their subordinates unless specifically ordered to commit crimes,” Minister Tohá said this afternoon. He also reiterated the need for support from the security forces, which “must go hand in hand with demands and limits.” “In today’s project we can take some steps, but they are totally insufficient,” he added. The government is expected to present a project laying down the rules for the use of force (RUF) in police proceedings in the coming days.
President Boric had urged lawmakers the day before to vote “with a high sense of responsibility” and listened to experts and organizations who had drawn attention “to the damaging effects” the law could produce. The President referred, among others, to representatives of the United Nations Organization, UNO, who warned of possible spaces for human rights violations or impunity, as well as obstacles to access justice for victims of possible abuses.
More than a hundred criminal justice and criminology professionals also expressed their objections in a letter, citing the risk of increasing confusion in the deployment of police forces and the undermining of individuals’ rights and responsibilities when exercising public office. The Puebla Group, in turn, published that “the security of people must not come at the expense of violating their human rights”.
After a marathon of negotiations in the Senate, the opposition on Tuesday watered down the bill put forward by the centre-right National Renewal party. They eliminated the cause of legitimate defenses against unarmed attacks by two or more people, in addition to the above, to prevent a felony.
The discussion about the initiative was conducted against the clock and was not without tension. The government has placed great urgency on its vote following the killing of a police officer at the end of March, the second official shooting of the month. His case sparked excitement and outrage among citizens, who called on the political class to control crime. The Boric administration’s original bet was to approve the project in the Chamber of Deputies and then change it in the Senate. But this Monday, Minister Tohá and Attorney General Luis Cordero rose from the negotiating table in the Senate Citizens’ Security Commission after a right-wing slammed the door to discuss their allegations. In the end, both sides gave way on some points.
Conflicts over the law were not only observed between the ruling party and the opposition. It also meant an internal strife for the Boric government. First, the executive asked parliamentarians from its two coalitions to approve the initiative in the House of Representatives, where it had only the votes of the centre-left and the right. Government spokeswoman Camila Vallejo described expanding the scope for the police’s legitimate defense after agreeing to the case as encouraging “simple deduction.” His criticism of the text angered the Socialists, who backed the initiative on the Executive’s own orders.
After an intensive week of negotiations, the project is ready to become law of the republic once President Boric signs it.