Prosecutor's Office initiates investigation of President Boluarte for protest deaths (SERVINDI [Spanish] - 1/8/2023)

Prosecutor's Office initiates investigation of President Boluarte for protest deaths (Spanish)

Preliminary proceedings will be carried out based on complaints that ask to investigate the deaths that occurred during the demonstrations held in December 2022.

President Dina Boluarte and Prime Minister Alberto Otárola will be investigated by the
Prosecutor's Office. Photo: diffusion

Servindi, January 6, 2023 - National Prosecutor Patricia Benavides has ordered the initiation of preliminary proceedings against President Dina Boluarte for deaths that occurred in the December 2022 demonstrations.

The investigation also includes current Prime Minister Alberto Otárola, in his capacity as Defense Minister; and the former Minister of the Interior, César Cervantes, among others, the Prosecutor's Office reported.

Another of the authorities included is Pedro Angulo, former President of the Council of Ministers during the protests and the establishment of a State of Emergency at the national level.

Chief of the Ayacucho Police Macro Region, Peruvian National Police (PNP) General Antero Mejía Escajadillo, and the General Commander of the Second Military Infantry Brigade of Ayacucho General EP Jesús Vera Ipenza, among others, are also subjects of the investigation.

This investigation arises from the complaint that a group of lawyers presented to the Human Rights, Interculturality and Terrorism Prosecutor for the deaths in the recent protests.

According to the Ombudsman's Office, twenty-eight people lost their lives in the context of the demonstrations and more than 650 were injured, in addition to illegal arrests.

"Previous proceedings must allow the clarification of criminal responsibilities and the search for justice and truth for the families of deceased persons," said Congresswoman Ruth Luque from Cusco.

Against police abuse

This January 5, the Constitutional Court (TC) admitted the lawsuit filed by the Puno Bar Association against the law that promotes the arbitrary use of police force.

The lawsuit, filed in November 2022, questions the constitutionality of Article 4 and the Sole Complementary Provision Repealing Law 31012, Police Protection Law, known as the 'Easy Trigger Law.'

It is argued that the law repeals the principle of proportionality and the indiscriminate use of force by the PNP in protest contexts.

In addition, the suit alleges the Easy Trigger Law exonerates the PNP and military from criminal responsibility that "using their weapons or other means of defense, in a regulatory manner, causes injury or death."

By admitting the claim, the Constitutional Court ordered the Congress of the Republic to answer it within thirty business days.

Civil society institutions have also presented a precautionary measure before the Inter-American Commission on Human Rights (IACHR) for police and military abuse in the context of the protests.

IACHR asks that the Peruvian government be ordered to stop police and military repression, that protesters' right to life be protected, and that acts of violence be investigated to prevent their repetition.

Tags: #December2022Demonstrations #HumanRights #Investigations #DinaBoluarte #AlbertoOtárola #TC #IACHR

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