A group of opposition senators filed a petition this Thursday with the Constitutional Court challenging the Rules on the Use of Force bill, according to La Tercera. The petition targets two provisions related to the use of potentially lethal force and the principle of proportionality.
The first objection concerns wording that allows the use of lethal weapons in response to attacks on critical infrastructure or military facilities. According to the petitioners, the provision does not expressly require a specific, serious and imminent threat to people's lives or physical integrity.
The objection focuses on the phrase "or compromise military or national security, as applicable". The document argues that this reference does not ensure that grounds for justification comply with the limits imposed by constitutional protections for life and personal integrity.
The second objection concerns the reference to Articles 208, 410, 411 and 412 of the Code of Military Justice. Those provisions establish exemptions from criminal liability. The senators warn that their application could lead to actions against civilians without there necessarily being a threat to life or physical integrity.
In the filing, the lawmakers state that those provisions incorporate grounds for justification serving different legal purposes. Their central argument is that having legal authority to intervene does not amount to authorization to use potentially lethal force. In their view, these are different requirements, and distinguishing between them is essential to protecting the right to life.
The available information does not specify which senators signed the petition. It also does not include a government response to the objections.
The debate directly affects those who will enforce the law and the civilians who could be subject to it. The rules establish when state agents may use weapons and within what limits.
The next step depends on the Constitutional Court. The court must first declare the petition admissible and then decide whether the two challenged provisions comply with the Constitution.
