borders closed with judicial endorsement

[Bajo_cero2]

Fronteras cerradas con aval judicial

Casación Federal confirmó un fallo de la justicia de Corrientes que le prohibió el ingreso al país a una pareja que vivía en Brasil y se encuentra varada e

www.diariojudicial.com

 

[Kula]

Am I getting it right? 2 argentinians were not allowed to enter Argentina?

 

[Bajo_cero2]

Am I getting it right? 2 argentinians were not allowed to enter Argentina?

Touchè. They said there is no habeas corpus during pandemic.

 

[FallenAngel]

Countries around the world are descending into authoritarianism

 

[dsp27]

Countries have the right to open and close borders. While I am very critical of countries limiting the movement of their own citizens in this case, I agree with the interpretation of the law. The citizens in question were NOT restricted from entering, they were simply told the border crossing in question is closed (for everyone) and they would need to use any of the crossings open. As simple as that.

 

[dilmah]

The citizens in question were NOT restricted from entering, they were simply told the border crossing in question is closed (for everyone) and they would need to use any of the crossings open.

I beg to differ.

Imagine virtual experiment: I'm Argentine authorities. I tell citizens to go to another border crossing. Then, when they come to that another border crossing I tell them -- now this border crossing is also closed. But some third border crossing is open. And I continue punting them from one border to another ad infinitum.

By your logic every step of this torture is OK -- I do not reject them, I just refer them to another border crossing.
But the effect is that they cannot enter.

If citizens are at any point at the border they must be let in.

 

[Bajo_cero2]

I beg to differ.

Imagine virtual experiment: I'm Argentine authorities. I tell citizens to go to another border crossing. Then, when they come to that another border crossing I tell them -- now this border crossing is also closed. But some third border crossing is open. And I continue punting them from one border to another ad infinitum.

By your logic every step of this torture is OK -- I do not reject them, I just refer them to another border crossing.
But the effect is that they cannot enter.

If citizens are at any point at the border they must be let in.

They are all closed for people. Some are open for trucks only.
However, the closest is 200 kilometers far.
Only Ezeiza and San Fernando are open. The decision is a scandal. They are comparing the DNU with the DNU instead that with the NC. They are using the standards of a State of Legality (Koellreutter, Otto, The National Socialist State of Legality) whenre the pike of the legal system is the will of the leader instead of a rule of law where they have to contrast the DNU with the National Constitution.

 

[Sojourner]

The citizens in question were NOT restricted from entering, they were simply told the border crossing in question is closed (for everyone) and they would need to use any of the crossings open. As simple as that.

Not taking sides on anything, just to note that according to the article the authorized "crossings" appear to be limited "...únicamente a través de los aeropuertos de Ezeiza y San Fernando." Seems unlikely, but looks like our stranded couple need to buy an air ticket. Could this be true?

 

[dsp27]

If citizens are at any point at the border they must be let in.

Try crossing the US border -- even as a US citizen -- at an authorized point and see what happens.

Authorities can open and close crossings as they wish. Where there was no crossing they can open one and where was one they can temporarily or permanently close it down. These decisions CAN be disputed in court but it must be recognized that whether we like it or not, one can cross a border (citizen or nor) at an open border crossing not anywhere they wish. This is the case everywhere. Argentina is not at different.

 

[dilmah]

Try crossing the US border -- even as a US citizen -- at an authorized point and see what happens.

You might end up arrested since while doing so you might violate number of legislations (e.g. trespassing, as well as immigration rules of Canada or Mexico).

However, you would end up inside the United States, not outside.

That's the difference. Those people ended up outside Argentina, not inside.