President Kast Introduces Security Reform with New State of Exception

President José Antonio Kast has submitted eight constitutional reforms to the Senate as part of his Agenda against Organized Crime and Terrorism (ACOT). The centerpiece of the proposal is a new state of exception for cases of grave and imminent threats to public security. This measure would allow the President to restrict personal liberty, freedom of movement, and the right to assembly, while also permitting the interception of communications and the requisition of goods. The state of exception could last up to 120 days, with one possible extension by the President and subsequent extensions requiring Congressional approval. Under this regime, a General Officer would be placed in command of the affected zones.

The reform also introduces measures targeting those convicted of organized crime and terrorism. These include a perpetual ban on holding public office and a 15 year restriction on accessing substitute penalties or penitentiary benefits. Additionally, the proposal maintains restrictions on state funded benefits, such as health and education, for convicted individuals, though the specific scope of these restrictions will be determined by a law requiring a qualified quorum. The initiative further proposes the creation of a registry of criminal organizations and grants the President the power to declare a group as a terrorist or organized crime organization based on reports from the Public Ministry or the National Security Council.

Framing of the reforms varies by political perspective. Center right sources emphasize the internal political negotiations and the narrowing of the proposal to address concerns from within the government coalition regarding institutional damage. In contrast, center left coverage focuses on the restrictive nature of the new state of exception and the legal doubts raised by constitutionalists regarding the redundancy of making public security a constitutional mandate.