On January 31, 2024 and the following day, at least 31 people were arbitrarily arrested and 285 more –including about 35 journalists– were injured by abuse of crowd-control weapons by authorities in the protests taking place in Buenos Aires, Argentina.
Context
The demonstrations concerned new president Javier Milei’s controversial Ley de Bases (the Law of Bases and Starting Points for the Freedom of Argentines). This law, also known as the “Omnibus Law”, proposed to lift regulations and slash funding on matters related to the economy, health, energy and state administration. A few weeks before, a federal measure prohibiting peaceful assembly in public spaces came into effect, paving the way for harsher police operations by national forces in protest settings.
Weapon deployment
Weapons used include kinetic impact projectiles fired from semi-automatic weapons, chemical irritants, such as pepper spray and tear gas, water cannons, and batons. These weapons were often aimed at head height, violating the OHCHR’s Guidance on Less-Lethal Weapons. According to research by the Argentine human rights organization Centro de Estudios Legales y Sociales (CELS – Center for Legal and Social Studies) security forces used CTS brand MK-4 and MK-9 models to spray a mix of irritating
chemical agents OC (pepper spray) and CS (chlorobenzalmalononitrile) chemical agents on protesters at short range.
Authorities also used an array of rifles and launchers, among which the FN Herstal FN303 Launcher, a semi-automatic rifle loaded with rubber bullet-like kinetic impact projectiles (KIPs), some of which release chemical irritants upon impact. The characteristics of these launchers require that they never be fired from a moving vehicle. Still, photo evidence shows law enforcement officials shooting while standing on the back of moving motorcycles.
Furthermore, the national security forces deployed during these episodes of repression operated in some areas where they lacked jurisdiction, marking their actions not only irresponsible but also illegal and unregulated. On a larger scale, these abuses were also unconstitutional as they restricted the guaranteed rights to protest, freedom of expression, and press.
KIPs, from close range, can compromise organs, cause fractures and kill. From longer ranges, they are inaccurate and are known for injuring bystanders. Unforeseen mixtures of chemical irritants were also sprayed on protesters, journalists, and bystanders. The effects of these agents include intense pain, respiratory and digestive distress, temporary blindness, and chemical burns on the skin, eyes, throat, and lungs.
Attacks against observers and members of the press
Among the seriously injured, Matías Aufieri, a human rights lawyer, was permanently blinded in one eye after receiving a rubber bullet shot at head level. A photojournalist from Télam National News Agency, Alfredo Luna, clearly identified by his “Press” vest, was injured by a rubber bullet fired from a moving motorcycle. Notably, he and the majority of his colleagues had visible press insignias when police cornered them and shot at them with KIPs.
CELS, the Buenos Aires Press Union (SipreBa), the Association of Photojournalists of the Argentine Republic (Argra), and the Center of Professionals for Human Rights (Ceprodh) have collaborated on complaints filed with the Inter-American Commission on Human Rights, the UN Special Rapporteurs on the rights to freedom of peaceful assembly and association, on freedom of opinion and expression, and on the situation of human rights defenders.
Case study compiled by INCLO intern Devyn Van Boven – August 2024
