Military Justice Will Not Investigate Deaths in Protests (La República [Spanish] - 12/20/2022)

 Military Justice Will Not Investigate Deaths in Protests

Military Justice sources indicate that they will respect the jurisprudence of the Constitutional Court and the Inter-American Court. Human rights violations correspond to the common jurisdiction.

Cesar Romero, Abel Cardenas

In contradiction to the opinion of President Dina Boluarte, the military Justice will not investigate the twenty-two deaths with firearms that occurred during the repression of the marches that various citizens carried out in Andahuaylas, Ayacucho and other areas of the country, according to military sources consulted. for the Republic.

In a journalistic interview, last Sunday, Boluarte indicated that he had spoken with the military commanders so that the military Justice investigates the deaths that had occurred in the protests.

In this regard, the sources indicated that the Military and Police Penal Code states that military judges can only judge crimes of function and that human rights violations correspond to the common jurisdiction.

In the judgment of unconstitutionality of July 2015, the Constitutional Court established that, if there is any doubt that crimes of functions are related to the assets and activities of the military, common law prevails.

In addition, it was established that, in their actions, the Armed Forces must respect human rights and the protection of people.

International Jurisdiction

In the judgment of the Durand and Ugarte case in 2000, the Inter-American Court found that military jurisdiction can only be used to judge soldiers "for crimes or misdemeanors that by their very nature threaten legal interests of the military order."

Furthermore, in the Quispilaya case, the Inter- American Court established the duty of State authorities to seriously, impartially, and effectively investigate any act of violence that affects human rights, such as deaths that occurred when citizens exercised their right to protest.

For this reason, to claim that the Military Justice investigates the deaths of civilians who exercised their right to protest, even if they did so with violence, would mean an attempt to cover up the facts or generate impunity for the military responsible for such acts.

In this context, the Military Justice will only investigate a possible contempt of military orders charge, or failure to follow the approved action plan.

The Prosecutor's Office investigates violent acts

The Public Ministry has reported that it is investigating all acts of violence that occurred during the protest marches after the vacancy against former President Pedro Castillo.

This investigation would include the deaths of demonstrators during the repression and control acts carried out by the Police and the Armed Forces.

Tags: #Peru #Protests #Military Justice #Deaths #Andahuaylas #Ayacucho

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