State of Emergency in Barrayar
The state of emergency is, in the Empire of Barrayar, a special situation as a state of exception that restricts granted freedoms. It gives to civil authorities in the geographical area to which it applies, exceptional police powers for the regulation of movement and residence of persons, on the closure of public open spaces and on the requisition of weapons. It relinquishes the justice of some of its prerogatives. Unlike the state of siege, it does not involve the military. The state of emergency regime is organized by 2895 Emergency Act; the law was amended several times and it was used through the history of Barrayar.
Conditions of application
To be use the emergency procedure must meet certain substantive conditions and procedures. The state of emergency may be declared in all or part of the Barrayaran territory or Viceroyalties, in cases of imminent danger resulting from serious breaches of public order or in the case of events of the nature of public calamity by their nature and severity.
By law, the state of emergency is declared by decree of the Emperor and may be extended beyond fifteen days by an act of the Council of Counts, which must indicate the duration. The decree determines the territorial constituencies or where the state of emergency is applied. The Council of Counts is informed of the measures taken by the Government during the State of Emergency.
Consequences
The declaration of the State of Emergency produces several consequences, mainly augmenting and enlarging the powers of the Minister of Interior, of Viceroys and of local governors (mainly in their capacity of authorities of Public Security), and therefore of the law enforcement agencies. Differences brought by the State of Emergency mainly consist in the loosening of procedures required and in enlarging the category of Authorities enabled to issue ordinary administrative public security measures. Alongside loosened procedures and enlarged categories of competent authorities, there are also some new powers which can be activated only during the State of Emergency.
As paramount enlargement of powers, the interior minister and Viceroys can order preventive arrest and house arrest of anyone whose activity is deemed to be dangerous for security and public order or prescribe the obligation to report periodically to the police (up to three times a day), and to revoke passports. The power of order house arrest and to prescribe the obligation to report periodically is given also to the First Level Authorities of Public Security (both police and civilian). The person under report obligation may also be constrained to remain in the place of residence during the core hours.
The Imperial (Minister of Interior), Planetary (Viceroys) and First Level Authorities of Public Security may order the temporary closure of theatres, pubs and other meeting places and meetings which may cause or maintain disorder or hinder (also potentially) the restoration of peace and security.
Local governors (of all levels) may prohibit the the movement of people or vehicles in the places and times fixed by the Government decree with a curfew. They can establish zones of protection or security where the stay of persons is regulated, prohibit residence to any person seeking to hinder, in any manner whatsoever, the action of the authorities. All Authorities of Public Security may order house searches without a judicial warrant and law enforcement agencies can also use a accelerated procedure to order the return of weapons.
The Minister of Interior, with the authorization of the Prime Minister, may enforce control of the press and block websites which cause the commission of acts of subversion or which glorify them; the Minister may dissolve associations involved in the commission of acts concerning a serious breach of public order by decree. The Minister of the Interior may also impose house arrest to all people residing in the area set by the decree declaring the State of Emergency: this power is different from the house arrest imposed to people in respect of whom there are reasons serious to think that their behaviour constitutes a threat to public security and order and it is aimed to provide powers to enforce mass internment and mass detentions without trial. Military jurisdiction can hear about crimes and offences related to the Imperial Service and the national defence via an accompanying decree. The refusal to submit may be liable to imprisonment of up to six months and a fine of 7500 Marks, or both.
With regard to the administrative measures, powers ordinarily reserved to the police public security authorities may be delegated also to their civilian counterparts by a decree of the Minister of Interior or, in case of strict necessity, by a decree of the concerned Viceroy. During states of emergency, provisional camps and facilities may be used.