Subsecretario Gonzalo Guerrero, head of the Ministry of Prevention of Crime, outlined the government’s evaluation of a new constitutional state of exception, emphasizing the role of the armed forces in combating organized crime. Speaking during an interview with Radio Duna, he stated that the military would provide support in controlling criminal organizations, particularly in matters involving high-powered weapons and organized gangs. He clarified that while police would retain command and strategic direction, the armed forces would assist in specific operational tasks related to law enforcement. Guerrero emphasized that this approach would allow for more focused policing efforts, distinguishing it from previous states of exception which had been managed under military authority. The proposed measure aims to create a more targeted and controlled environment for law enforcement operations. According to Guerrero, the state of exception would apply to parts of certain communes or provinces, depending on the situation. He warned against extending these measures indefinitely, stating that prolonged states of exception risk becoming the new normal rather than temporary exceptions. “When an exception extends over time, it ceases to be exceptional,” he said, underscoring the government's intent to return to regular governance as soon as possible. In contrast, Senator Andrés Longton of the National Renewal party expressed reservations about the proposal. During an interview with La Tercera, he questioned whether states of exception should fall under police authority instead of the military. He argued that the military should maintain command due to its organizational structure and readiness for such roles. Longton also raised concerns about the legal framework surrounding the new state of exception, suggesting that defining it through political institutions like the Senate could lead to potential biases. He called for clearer distinctions between emergency situations and true states of exception, arguing that the current proposal lacks sufficient justification for constitutional change. President José Antonio Kast has initiated the legislative process for the security agenda, known as the Anti-Criminal Organizations and Terrorism Initiative (ACOT). This effort includes a constitutional reform aimed at elevating public safety to a constitutional level. In a speech at the presidential palace, Kast highlighted the severity of the country's security crisis, noting that it transcends individual governments and involves transnational organized crime and terrorism. He stressed that the reform belongs to all citizens, not just one administration, and urged lawmakers to prioritize national security in their deliberations. The reform will include provisions for new articles addressing restrictions on rights and benefits for individuals who commit serious crimes. It also proposes mechanisms to prevent the Constitutional Court from obstructing security-related legislation. Kast noted that discussions on these issues will take place within the legislative body, ensuring transparency and democratic oversight. The initiative also introduces a new state of exception, along with measures to track organized criminal groups, enhance prison regimes, and facilitate asset seizures from these entities. To expedite the legislative process, the government has prioritized 19 projects related to the ACOT agenda. These include laws granting privileged self-defense rights to members of the armed forces and police, as well as measures to strengthen local security. Other proposals focus on regulating the use of force by law enforcement, increasing penalties for attacks on authorities, and improving infrastructure critical to public safety. The government has also emphasized the need for continuous oversight in cases of absence or incapacitation, ensuring that security protocols remain effective even in challenging circumstances. Despite the government’s push forward, some officials within the ruling coalition have voiced doubts about the necessity of constitutional amendments. Senator Longton reiterated his position that changes to the Constitution should be approached cautiously, stressing that the current proposal appears more symbolic than essential. His concerns reflect broader debates within the political sphere regarding the balance between security measures and constitutional integrity. As the legislative process unfolds, these discussions will likely shape the final form of the reforms, influencing how the nation addresses its ongoing security challenges.
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