Buenos Aires (EFE).- The Argentine Presidency’s spokesman, Manuel Adorni, said on Wednesday that arrests without warrants, passed by decree the day before, are protected by the constitution, adding that anyone who believes otherwise can take the matter to court.
Adorni spoke Wednesday at the government headquarters in Plaza de Mayo, where thousands of people had already gathered to demonstrate in support of former president Cristina Fernández (2007–15), who has been under house arrest since Tuesday.
Due to the large-scale march expected on Wednesday, President Javier Milei’s spokesman confirmed that the anti-picketing protocol established by the Ministry of National Security during protests is in effect.
When asked about the decree published in the Official Gazette that empowers the Argentine Federal Police (PFA) to carry out searches and arrests without a warrant, Adorni remarked: “Everything we are doing is within the law and the national constitution. If someone believes otherwise, they can, of course, go to court.”
Article 18 of the Argentine Constitution states that “no one can be forced to testify against themselves, nor be arrested except under a written order from a competent authority.”
However, Milei’s spokesperson argued: “Our interpretation is that we are not breaking any laws. We are not acting contrary to the National Constitution. If we were, and there are any legal proceedings, the courts would decide.”
The decree, published on the day that Cristina Fernández began her sentence, following days of Peronist demonstrations, changes the PFA’s primary mission, which will no longer be dedicated to protecting citizens but rather to “dismantling criminal organizations.”
The order empowers the police to carry out searches without a warrant in the following cases: “Presumption of concealment of an offense; where there is a risk of evidence disappearing if a warrant is delayed; and when searches are carried out on public roads or in public places as part of prevention operations.”
The decree also establishes exceptions to judicial orders demanded for arrests, stating that these are not required “if there are duly founded circumstances that lead to the presumption that someone has committed or could commit a criminal offense and cannot prove their identity.”
Finally, it authorizes the police “to carry out crime prevention tasks in digital public spaces, such as open social media, public websites, and other open sources, without the need for judicial authorization.”
The Center for Legal and Social Studies stated that this reform “exceeds the powers of the executive branch” and “marks a paradigm shift concerning the doctrine that has predominated since the democratic transition.” EFE
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