IACHR reports on appointments

Regarding the report, we welcome the fact that the committee has clearly established that 7 December 2022 former president Pedro Castillo violated the legal system by staging a coup d’état The state, undoubtedly attacking democratic values important in the inter-American system.

In fact, we reject the supposed existence extrajudicial executions and qualification “massacre”, if only conditionally speaking, in the events that took place during the protest.

As president in Republic, greetings to the IACHR for responding to our invitation and preparing the report that you presented today. As government, recommendations We will evaluate them and act on them in accordance with our constitutional and legal framework.

3. 4. Peru’s legal scaffolding contains 3 figures that can weaken the division and balance of power, as well as hinder governance 35. The figures mentioned are: i) constitutional impeachment, ii) vacancy of the presidency due to permanent moral incapacity and iii) dissolution of Congress due to the denial of confidence to the two councils of ministers. The Commission reiterated that the use

37. This picture lacks an objective definition because neither the law nor The Constitution requires objective behavior sanctions and their corresponding consequences. This opens up opportunities for arbitrariness, which, in turn, undermines the separation and independence of public authorities, democratic stability and the legitimate exercise of power. A constitutional claim may come into conflict with another constitutional provisions, as is the case with Article 117, which establishes that the President of the Republic can be accused only during his mandate for 4 special reasons. 57

62. The Commission considers that the decision of former President Castillo is not based on any basis constitutional, which would enable the dissolution of Congress; nor was he constitutionally authorized to order reorganization One-sided justice.

For this reason he condemns decision and qualifies it as a violation of the constitutional order. In that time, The IACHR also welcomed 92 fast the effect of various state institutions on the re-establishment of institutional order. 93.

65. On that occasion The commission recognized the current action of some institutions in Peru in defense of democracy to re-establish institutional order, and called to guarantee the governance of the country. 103

147. It’s 4:36 p.m The Ombudsman communicated with the head of the Department for Public Order and Security (DIVOPUS) to inform him that the army is inappropriately using lethal weapons and tear gas. Governor injured during attempt to seize airport by protesters, We demand @CCFFAA_PERU immediate cessation of the use of firearms and tear gas bombs dropped from helicopters”.

Public service, “the bullets only came from one side,” adding that “there is not a single video that indicates that the protesters had firearms.” show that all persons died from fatal gunshots to the chest, abdomen and head. Additionally, the health service reported that around 72 people were injured by firearms and blunt objects.

A disproportion in the deadly use of force, since the shots were aimed at vital organs. 253 158. Facts that, since they were committed by state agents, could constitute extrajudicial executions, extremes that must be investigated by prosecutors specializing in human rights Juliaca complaints by relatives of victims about the disproportionate use of force by security agents, who attribute to him all deaths caused by firearms.

Indeed, the people who witnessed Fr The commission stated that as of noon on January 9, “the police started firing tear gas, pellets and firing bullets”; and that “people were shot, the shots were in the body and from close range” on the one hand they shot people, they shot the body and from close range” on the one hand they died. from bullets, grains and objects a strong force that applied to the victim’s head, face, eyes, chest and/or abdomen.

Said 286 in relation to delimitation of facts, it is indicated that “even people were extrajudicially executed [sic] that they have nothing to do with protests, violating even the divine order (God gives life and he takes it away) 178.

From information received, IACHR notes that in the violent events in Juliaca there were situations of excessive and indiscriminate use of force by state agents, which would result in serious human rights violations against protest participants and third parties.

As stated, all this within a complex principles of legality, necessity and proportionality. The use of firearms with lethal ammunition is not justified in the context of protests, there are no cases that allow the use of lethal force to break up protests or demonstrations, or to shoot indiscriminately into a crowd. 354.

254. Inter-American Court has recognized that the type of terrorism in Peruvian legislation does not meet the requirements of the principle of legality established in Article 9 of the ACHR, given its vagueness and vagueness. 369. The state’s response was characterized by a disproportionate, indiscriminate and lethal use of force.

290. In the case of Ayacucho, seriously human rights violations which must be investigated with due care and ethno-racial focus.

They were committed by civil servants, deaths could represent extrajudicial executions. In addition, as it is a multiple deprivation of the right to life, given the circumstances of the manner, time and place, it could be classified under the category of massacre.