CLARIN

Hard Questions On Civil Liberties In The Time Of Coronavirus

Forced confinement may be necessary to combat COVID-19. But that doesn't mean people should blindly accept every order and decree.

An Argentinian woman waiting to be attended at the Mercado Sur in Cordoba Capital.
An Argentinian woman waiting to be attended at the Mercado Sur in Cordoba Capital.
Roberto Gargarella

-OpEd-

BUENOS AIRES — This is an unprecedented situation of extreme gravity, and requires the adoption of exceptional measures. That's what we're being told, and most people seem to agree and accept it, even if some of those measures imply restricting our constitutional liberties.

And yet, it's crucial that we be wary of such restrictions. We need to reflect on them with a critical attitude, and be mindful not only of our fundamental rights, but also our particular social and political history.

Here in Argentina, the president responded to the coronavirus pandemic with the urgent decree no. 297/2020, which orders people into "social, preventive and obligatory isolation." Whatever its current labels, this is starting to look too much like what in Argentina we call a "state of siege" (a formal state of emergency). And however justified it may be, we're facing a maximum restriction on our basic right of movement.

We cannot gather in public spaces. Police are practically the only people circulating on the main avenues. The armed forces find themselves intervening in internal affairs (through social assistance), and security agencies have been given the widest of prerogatives to detain, interrogate and arrest those walking around without specific permission.

How does this really differ from a formal state of siege as stipulated in Article 23 of the Constitution and with all the rights restrictions such a declaration entails?

Again, what is happening may appear entirely justified. I am not assuming it is not. But we should also be sounding certain alarms, especially when there are announcements on reinforcing the controls or insinuations that the government may declare an actual state of siege should it be deemed necessary.

argentine_rights_coronavirus_clarin

Emergency personnel from the city of Cordoba, Argentina, prepared to enforce mandatory quarantine. — Photo: Daniel Bustos​

My suggestion is simply that we should think about the question instead of merely accepting it as evidently justified or a given — because the experts said so. We should consider the scope of our constitutional rights and the risks implied in these restrictive measures, and especially countenance the possibility that the measures in force (and those coming) are "over-inclusive," meaning they impinge on more daily habits with more restrictions than necessary to attain their legitimate, and putative objectives.

Above all, we should recall that when it comes to restricting liberties, Argentines do not have a great record. In fact, we've suffered massively in this regard, starting in 1854 — not long after the Constitution entered into force — when Gen. Justo José de Urquiza y García declared the country's first state of siege. Our leaders have wielded this powerful tool more than 50 times since then, and often for years on end. And the balance of such restrictions has been, overall, very bad.

The restrictions being put in place are in all likelihood both necessary and urgent. But nobody should deprive us of the right to be suspicious.

You might say the conditions are different this time (someone always will), and that "this time it's not someone's whim but a matter of urgency." And yet, when we look around and see what Trump and Bolsonaro are doing, for example, whim and opportunism does seem to be playing a role.

That's not to say that the COVID-19 pandemic isn't, in fact, an emergency situation. Again, the restrictions being put in place are in all likelihood both necessary and urgent. But nobody should deprive us of the right to be suspicious.

With the virus as an excuse, Chilean authorities have postponed the public vote on reforming their constitution. in Bolivia, the acting government postponed, again, the general election it had called. These political restrictions may be essential, but clearly the eagerness of the authorities (already eager to postpone those votes) should prompt our suspicions.

The typically parochial Argentine might say, "Other countries do not matter right now. We are different, and the restrictions are being applied properly here." For sure, but that does not mean we should not take a critical look at what is being done.

Just to cite some examples: When a big sector of our population lives in seriously overcrowded conditions, does caring for the health of the poorest Argentines require their absolute confinement? Or does it require giving them more access to the outdoors and fresh air? Or in response to the social collapse that will inevitably follow economic paralysis, is it really advisable to give security bodies so much control of our liberties (and there have already been reports of police abuse in these days of relative calm).

I insist: This is not about looking for problems where there aren't any (though they are there, and concern our basic constitutional rights). Nor is it enough to declare that the right to health demands that we restrict other rights. We've heard those arguments before — that everything should be put aside for the sake of national security, or because we're in a national emergency. It is precisely during emergencies that abuses become easier and errors prove far more costly.



*Roberto Gargarella is a jurist, and a lecturer at the Torcuato de Tella and Buenos Aires universities.



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food / travel

The True Horrors Behind 7 Haunted Locations Around The World

With Halloween arriving, we have dug up the would-be ghosts of documented evil and bloodshed from the past.

Inside Poveglia Island's abandoned asylum

Laure Gautherin and Carl-Johan Karlsson

When Hallows Eve was first introduced as a Celtic festival some 2,000 years ago, bonfires and costumes were seen as a legitimate way to ward off ghosts and evil spirits. Today of course, with science and logic being real ghostbusters, spine-chilling tales of haunted forests, abandoned asylums and deserted graveyards have rather become a way to add some mystery and suspense to our lives.

And yet there are still spooky places around the world that have something more than legend attached to them. From Spain to Uzbekistan and Australia, these locations prove that haunting lore is sometimes rooted in very real, and often terrible events.

Shahr-e Gholghola, City of Screams - Afghanistan

photo of  ruins of Shahr-e Gholghola,

The ruins of Shahr-e Gholghola, the City of Screams, in Afghanistan

Dai He/Xinhua via ZUMA Wire


According to locals, ghosts from this ancient royal citadel located in the Valley of Bamyan, 150 miles northwest of Kabul, have been screaming for 800 years. You can hear them from miles away, at twilight, when they relive their massacre.

In the spring 1221, the fortress built by Buddhist Ghorids in the 6th century became the theater of the final battle between Jalal ad-Din Mingburnu, last ruler of the Khwarezmian Empire, and the Mongol Horde led by Genghis Khan. It is said that Khan's beloved grandson, Mutakhan, had been killed on his mission to sack Bamyan. To avenge him, the Mongol leader went himself and ordered to kill every living creature in the city, children included.

The ruins today bear the name of Shahr-e Gholghola, meaning City of Screams or City of Sorrows. The archeological site, rich in Afghan history, is open to the public and though its remaining walls stay quiet during the day, locals say that the night brings the echoes of fear and agony. Others claim the place comes back to life eight centuries ago, and one can hear the bustle of the city and people calling each other.

Gettysburg, Civil War battlefield - U.S.

photo of rocks and trees in Gettysburg

View of the battlefields from Little Round Top, Gettysburg, PA, USA

Unsplash/@nemo23


Even ghosts non-believers agree there is something eerie about Gettysbury. The city in the state of Pennsylvania is now one of the most popular destinations in the U.S. for spirits and paranormal activities sight-seeing; and many visitors report they witness exactly what they came for: sounds of drums and gunshots, spooky encounters and camera malfunctions in one specific spot… just to name a few!

The Battle of Gettysburg, for which President Abraham Lincoln wrote his best known public address, is considered a turning point in the Civil War that led to the Union's victory. It lasted three days, from July 1st to July 3rd, 1863, but it accounts for the worst casualties of the entire conflict, with 23,000 on the Union side (3,100 men killed) and 28,000 for the Confederates (including 3,900 deaths). Thousands of soldiers were buried on the battlefield in mass graves - without proper rites, legend says - before being relocated to the National Military Park Cemetery for the Unionists.

Since then, legend has it, their restless souls wander, unaware the war has ended. You can find them everywhere, on the battlefield or in the town's preserved Inns and hotels turned into field hospitals back then.

Belchite, Civil War massacre - Spain

photo of sunset of old Belchite

Old Belchite, Spain

Belchite Town Council


Shy lost souls wandering and briefly appearing in front of visitors, unexplainable forces attracting some to specific places of the town, recorded noises of planes, gunshots and bombs, like forever echoes of a drama which left an open wound in Spanish history…

That wound, still unhealed, is the Spanish Civil War; and at its height in 1937, Belchite village, located in the Zaragoza Province in the northeast of Spain, represented a strategic objective of the Republican forces to take over the nearby capital city of Zaragoza.

Instead of being a simple step in their operation, it became the field of an intense battle opposing the loyalist army and that of General Francisco Franco's. Between August 24 and September 6, more than 5,000 people were killed, including half of Belchite's population. The town was left in rubble. As a way to illustrate the Republicans' violence, Franco decided to leave the old town in ruins and build a new Belchite nearby. All the survivors were relocated there, but they had to wait 15 years for it to be complete.

If nothing particular happens in new Belchite, home to around 1,500 residents, the remains of old Belchite offer their share of chilling ghost stories. Some visitors say they felt a presence, someone watching them, sudden change of temperatures and strange sounds. The ruins of the old village have been used as a film set for Terry Gilliam's The Adventures of Baron Munchausen - with the crew reporting the apparition of two women dressed in period costumes - and Guillermo del Toro's Pan's Labyrinth. And in October 1986, members of the television program "Cuarta Dimensión" (the 4th dimension) spent a night in Belchite and came back with some spooky recordings of war sounds.

Gur Emir, a conquerer’s mausoleum - Uzbekistan

photo of Gur Emir (Tomb of Timur) i

Gur Emir (Tomb of Timur) in Samarkand, Uzbekistan

Chris Bradley/Design Pics via ZUMA Wire


The news echoed through the streets and bazaars of Samarkand: "The Russian expedition will open the tomb of Tamerlane the Great. It will be our curse!" It was June 1941, and a small team of Soviet researchers began excavations in the Gur-Emir mausoleum in southeastern Uzbekistan.

The aim was to prove that the remains in the tomb did in fact belong to Tamerlane — the infamous 14th-century conqueror and first ruler of the Timurid dynasty who some historians say massacred 1% of the world's population in 1360.

Still, on June 20, despite protests from local residents and Muslim clergy, Tamerlame's tomb was cracked open — marked with the inscription: "When I Rise From the Dead, The World Shall Tremble."

Only two days later, Nazi Germany invaded the Soviet Union, with the people of Samarkand linking it to the disturbing of Tamerlane's peace. Amid local protests, the excavation was immediately wrapped up and the remains of the Turkish/Mongol conqueror were sent to Moscow. The turning point in the war came with the victory in the Battle of Stalingrad — only a month after a superstitious Stalin ordered the return of Tamerlane's remains to Samarkand where the former emperor was re-buried with full honors.

Gamla Stan, a royal massacre - Sweden

a photo of The red house of Gamla Stan, Stockholm, Sweden

The red house of Gamla Stan, Stockholm, Sweden

Unsplash/@hkblind


After Danish King Kristian II successfully invaded Sweden and was anointed King in November 1520, the new ruler called Swedish leaders to join for festivities at the royal palace in Stockholm. At dusk, after three days of wine, beer and spectacles, Danish soldiers carrying lanterns and torches entered the great hall and imprisoned the gathered nobles who were considered potential opponents of the Danish king. In the days that followed, 92 people were swiftly sentenced to death, and either hanged or beheaded on Stortorget, the main square in Gamla Stan (Old Town).

Until this day, the Stockholm Bloodbath is considered one of the most brutal events in Scandinavian history, and some people have reported visions of blood flowing across the cobblestoned square in early November. A little over a century later, a red house on the square was rebuilt as a monument for the executed — fitted with 92 white stones for each slain man. Legend has it that should one of the stones be removed, the ghost of the represented will rise from the dead and haunt the streets of Stockholm for all eternity.

Port Arthur, gruesome prison - Australia

a photo of ort Arthur Prison Settlement, Tasmania, Australia

Port Arthur Prison Settlement, Tasmania, Australia

Flickr/Eli Duke


During its 47-year history as a penal settlement, Port Arthur in southern Tasmania earned a reputation as one of the most notorious prisons in the British Empire. The institution — known for a brutal slavery system and punishment of the most hardened criminals sent from the motherland— claimed the lives of more than 1,000 inmates until its closure in 1877.

Since then, documented stories have spanned the paranormal gamut: poltergeist prisoners terrorizing visitors, weeping children roaming the port and tourists running into a weeping 'lady in blue' (apparently the spirit of a woman who died in childbirth). The museum even has an 'incidence form' ready for anyone wanting to report an otherworldly event.

Poveglia Island, plague victims - Italy

a photo of Poveglia Island, Italy

Poveglia Island, Italy

Mirco Toniolo/ROPI via ZUMA Press


Located off the coast of Venice and Lido, Poveglia sadly reunites all the classical elements of a horror movie: plagues, mass burial ground and mental institute (from the 1920's).

During the bubonic plague and other subsequent pandemics, the island served as a quarantine station for the sick and anyone showing any signs of what could be Black Death contamination. Some 160,000 victims are thought to have died there and the seven acres of land became a mass burial ground so full that it is said that human ash makes up more than 50% of Poveglia's soil.

In 1922 a retirement home for the elderly — used as a clandestine mental institution— opened on the island and with it a fair amount of rumors involving torture of patients. The hospital and consequently the whole island was closed in 1968, leaving all the dead trapped off-land.

Poveglia's terrifying past earned it the nickname of 'Island of Ghosts'. Despite being strictly off-limits to visitors, the site has been attracting paranormal activity hunters looking for the apparition of lost and angry souls. The island would be so evil that some locals say that when an evil person dies, he wakes up in Poveglia, another kind of hell.

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