Peru is going through an institutional crisis due to the corruption of his political class. The proof of it, his last five presidents, they were besieged by trials. To prevent the criminal momentum, they have sought to block the way to those involved in crimes. He President Vizcarra last Monday promulgated a constitutional reform that prevents anyone with a sentence in the first instance from running for a popularly elected office.
With the modification, the sentenced take refuge in the exhaustion of instances to postulate. Critical voices point out that the presumption of innocence is violated: a right is impeded by a ruling that is not yet firm or consented.
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Under this figure, a sentenced person as Walter Aduviri apply. The Aymara leader stood in the regional elections of A lots of of 2018, with a sentence of 7 years, but appealed in the Supreme Court (cassation), which maintained the ruling as non-consensual. That was the argument of the Special Electoral Jury of Puno to keep him in the race. The Supreme Court ordered a new trial. Already in the position of regional governor, Aduviri, was found guilty of the aimarazo riots and is now serving a 6-year prison sentence in the Yanamayo prison.
In Arequipa, a direct affected by the norm is the provincial mayor Omar candia, who carries a sentence in the first instance of 6 years, for the crime of aggravated collusion, for the irregular purchase of 40 security cameras when he was burgomaster of the Alto Selva Alegre district. The mayor has an appeal pending in the second instance.
He burgomaster was in favor of the constitutional modification. He notes that he was not planning to apply again. “We congratulate that constitutional reform, it requires that you do not have any sentence in the first instance. Some constitutionalists may question it because it would violate the principle of presumption of innocence, but in the midst of a political crisis this contributes, ”he declared.
Another victim is the former mayor Alfredo Zegarra, sentenced to 4 years in suspended prison (in second instance) for the irregular approval of the Metropolitan Development Plan (PDM). It had been announced for the congressional election of 2021.
Eight exregidores of Arequipa and three former officials are framed within the same ruling. The presentation of a cassation in the Supreme Court will not allow them to run in the following years.
The scope of the constitutional modification would also reach the suspended mayor of Cusco, Victor Boluarte, who carries a sentence of 2 years in prison suspended for fraud in the administration of legal entities.
They can be candidates again
The constitutional amendment is concise. Notes that they will not be able to apply in charge of popular election people with a sentence in the first instance for intentional crime, whether they are authors or accomplices. It also applies to exercise the public function. However, this is not a permanent disqualification.
Although the new standard does not specify it, sentenced they would regain their rights once the sentence was served. The criminal lawyer Gonzalo Bellido points out that everyone has the right to so-called rehabilitation.
For example, the regional governor of Arequipa, Elmer Cáceres Llica, has intentions to apply for president. He charges two convictions, but he would already be rehabilitated. The first was in 2007, for blocking roads, with a suspended 2-year prison sentence. And in 2016, he also had a suspended sentence of one year and 8 months, for false declaration on his resume.
Bellido recalled that there are exceptions, which indicate the impediment of postulate forever. Law 30717 applies the figure to those sentenced for terrorism, apology for terrorism, illicit drug trafficking or violation of sexual freedom. It also applies to those who committed collusion, embezzlement or corruption of officials.
Former President of the Constitutional Court
There are rights that have to be affected in a mild or intense way, to the extent that it is necessary to preserve others. Just as there is the right to life, the Constitution affects it when it comes to crimes of treason and allows the death penalty. Here it was discussed that it affected the presumption of innocence, in this case we can say that it is an attenuated affectation, because it is also important to preserve transparency and fight against the corruption that affected at all levels.
In a weighing of rights, I believe that the public interest is prevailing, over an individual interest, of wanting to apply or access positions in the public function.
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