The Constitution reinterpreted

 
 
The Constitution reinterpreted

Cartoon of 04/04/2021 in CTXT

This was discussed less than a week ago, but it already seems like three quinquennia ago.

After several entries of the police by kicking (battering ram) on the door or by the method of the slip without a warrant in flats where parties had been held and that the Ministry of the Interior justified and defended them by suggesting that tourist flats are not “moradas”, more than one jurist, consulted by the media, considers that this type of action is an excess of their functions. What a surprise, what a surprise.

Also remember that, however much Marlaska says, years ago the Constitutional Court made it clear that the inviolability of the home is a very broad concept, which includes not only the idea of the traditional home, but also hotel rooms, caravans and even cars.

In the meantime, debates continued here and there about the flagrancy of the offence to legitimise the onslaught on the doors of the hallway rambles. Anything but stopping to reflect a little on the future dangers of dispensing with a quick call to the duty magistrate to obtain a court order.

No one can assure us that we won’t see an increase in so-called emergencies for questionable flagrante delicto and see it as normal to bust down doors as well as to beat and beat up anyone preventively during the process until we get to the kitchen.

Some of those who are clamouring for a tougher hand may well be the future victims of a slap on the wrist from that same hand. Also given inside your home sweet home.

Take two cups of Gag

For their part, voices from the crazy police academy were, of course, clinging to this concept the marvellous Gag Rule. Also to an internal order to enter houses with illegal parties, but in this the Interior not only does not agree with them, it denies it and also dissociates itself from its possible responsibility.

Interior assures the Interior Department has stated that the order does not give “instructions on the access to closed spaces without judicial authorisation in the framework of the surveillance of the sanitary measures to face covid-19”, although the police officers have included it in the attestations in which they justified their entry into illegal parties without judicial order.


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