Curfew in Guatemala due to COVID-19
Regarding the implementation of a CURFEW, established through Government Decree Number 6-2020, effective as of March 22, 2020, at 4:00 p.m., we wish to make the following considerations:
a. Through Agreement Number 5-2020, the State of Public Calamity was decreed. The Public Order Law allows within the State of Calamity, the possibility of implementing Curfews. Following the provisions of Article 1 of Government Decree 6-2020, it is regulated that it will be from March 22, 2020, from 4:00 p.m. to 4:00 a.m. the following day, and, for the moment. It will be in force until March 29, 2020, inclusive, limiting the free movement of Guatemalans, allowing only motorcycles from pharmacies, fast food restaurants, gas services, hygiene and cleaning products, and authorities to circulate, adequately identified. For this, the authorities of governmental and private entities must issue provisions and ordinances so that the emergency or contingency units or teams have the health and prevention protocols generated by the Ministry of Public Health and Social Assistance for COVID. -19.
b. b. The Government Decree establishes that establishments related to the operation of supply may operate, including restaurants, supermarkets, first-supply supplies, gas stations, pharmacies, hospitals and those necessary for essential services.
c. The concentrations of people are limited, and all kinds of public shows and any meetings or events are prohibited or suspended.
The State measure of Public Calamity implies that by the Law of Public Order:
a. The right to freedom of action is limited (Article 5 of the Political Constitution of the Republic), related to doing what the law does not prohibit, since the State of Public Calamity must abide without exception, under penalty of criminal and civil liability.
b. b. The right of free locomotion is limited (Article 26 of the Political Constitution of the Republic), since it will not be able to enter, stay, transit and leave the national territory and change domicile or residence, since there is an express prohibition in the Law of Order Public, under penalty of criminal and civil liability.
c. The concentrations of people are limited, and public shows and any meetings are prohibited or suspended.
d. The Government can establish maximum or minimum prices for necessities and avoid their hoarding.
e. Appropriate measures for safeguarding international borders have been issued and will continue, even discretionary limiting the repatriation of inhabitants of the Republic of Guatemala.
f. F. During any of the degrees of emergency, any person against whom there are rational indications that he is acting as an author, accomplice or cover-up to alter public order may be detained without the need for a court order or compulsion. The detention will last the indispensable time to clarify the facts and may not exceed twenty-four hours after the Decree of restriction of guarantees in question has ceased its effects. (Article 28 of the Public Order Law).
g. People who violate the regulations, ordinances or provisions that are issued on the occasion and occasion of the State of Calamity, may be detained even when they establish their identity. Still, they must be immediately placed at the disposal of the judge on duty to impose the legal sanction. (Article 33 of the Public Order Law).