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Peru proposes that military justice be the only one that judges uniformed officers who shoot civilians

Peru proposes that military justice be the only one that judges uniformed officers who shoot civilians

Peruvian President Dina Boluarte proposed on Tuesday that the military-police court be the only one that judges police officers and soldiers who shoot at civilians during their work.

The president’s announcement takes place a few days before protests against the government due to the rise in crime take place in Lima, which will coincide with the celebration of the Leaders’ Week of the Asia-Pacific Economic Cooperation Forum (APEC).

Last week, presidential spokesman Fredy Hinojosa told the press that “anyone who calls for a strike on the days when the APEC forum is held is a traitor to the interests of the country.”

In an announcement made from the government palace and together with the highest authorities of Congress, the prosecutor’s office and the president of the Supreme Court, Boluarte said that it was agreed to “formulate the constitutional legal framework that guarantees” police and military personnel to be tried solely by military-police jurisdiction “when they have used their weapons” during the performance of their duties.

Boluarte called the meeting in an effort to seek measures to fight crime. The Associated Press He asked the Judiciary and the Prosecutor’s Office if they had comments following the president’s proposal, without obtaining a response at the moment.

Some analysts warned that the president’s proposal would be unconstitutional.

Criminal lawyer Roberto Pereira said on his regard”.

Carlos Rivera, a human rights activist lawyer, stated on his social networks that “trying common crimes in the military-police jurisdiction is unconstitutional. Homicide and injuries are common crimes and must be tried and punished by the Judiciary. “They are not crimes of military or police function.”

In 2006 the Constitutional Court issued a ruling indicating that crimes that affect fundamental rights such as life, physical integrity, equality, sexual freedom, honor and privacy should not be judged by the military police justice court, but by the ordinary courts. .

Clashes between uniformed officers and protesters in protests against Boluarte, between the end of 2022 and the beginning of 2023, have left 50 civilians dead and hundreds injured. Most of the civilians were killed by gunshots, according to the prosecutor’s office. Six soldiers and a police officer also died. The deaths and injuries of civilians have provoked 62 tax investigations in the ordinary justice system.

Various transport unions have announced protests in Lima on November 13, 14 and 15 against the Boluarte government and Parliament for not adopting effective measures to end the increase in crime, especially extortion. Lima has endured three widespread transportation shutdowns since the end of September and also several anti-government demonstrations by motorcycle taxi drivers, army graduates, teachers and public workers.

Boluarte has just 4% approval and 92% unpopularity, while Congress has 6% approval and 88% unpopularity, according to an October national survey by the firm Ipsos Peru published by television station América, carried out among 1,211 people and with a margin of error of 2.8 points.

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