FEB. 28, 2023

Deployment of Armed Forces begins on the border as a result of critical infrastructure law: these are the powers that the military will be given

The measure will allow the military to carry out identity checks on those who cross via unauthorized crossings, in addition to registering and detaining them before handing them over to the police. 

Interior Minister Carolina Tohá has deployed troops from the Armed Forces and members of the Carabineros de Chile (Uniformed police service) in the Tarapacá Region, as part of the implementation of the new Critical Infrastructure Law. 

The measure is extremely important, as it will allow authorities to attack organized crime and arms, drug and people trafficking, as well as to improve the control of illegal migration. 

As promoted by the Government and approved by Congress, the military will provide support at the borders. Its work will focus on carrying out identity checks, registration and arrests of people who enter the country irregularly or are caught committing crimes. They will then be handed over to the police. 

Carabineros de Chile, who have experience in border protection, will train the Armed Forces to carry out identity checks, register belongings and perform arrest protocols. 

 

"We have established that the Army will be installed in border areas where there is irregular circulation. They will perform three operations there: if they catch people who may have entered illegally or committed a crime, they will carry out an identity check; if they see signs of a crime, they will search their belongings; and if they discover any wrongdoing, they will arrest those people and hand them over to the police,” Carolina Tohá, Interior Minister. 

 

It is important to emphasize that a three-month period was originally considered for the law to come into force. Despite this, given the urgency with which the Government worked on the issue, it was published in just 17 days, on February 20, 2023. 

Powers of the Armed Forces 

Identity checks and registration: the Armed Forces are empowered to carry out preventive identity checks and investigative control. They are also allowed to register clothing, luggage and vehicles. 

Arrests: the Armed Forces are empowered to detain people in order to hand them over to the police. 

Collaboration with controlling authority (Investigative police service [PDI], Carabineros or Maritime Authority): they will verify that people over 18 years of age have entered via an authorized crossing. If they have not done so, they will hand said persons over to the controlling authority. In the event that a person is caught entering via an unauthorized crossing, they will hand them over to a controlling authority in the shortest possible time. 

Duties of the Armed Forces 

Deadlines: they must hand detainees over to the police within a maximum period of 12 hours from the time of their arrest. 

Children and adolescents: they must always act with special respect for the best interest of the child and the rights of children and adolescents. 

Once the critical infrastructure law is fully operational, the Armed Forces will be deployed in strategic areas, as well as in basic supply, telecommunications and healthcare services, and power plants.