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Jurist Right groups claims Peru Congress hamstringing courts

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Dadparvar

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Nov 11, 2016
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Peru’s Congress is actively eroding the independence and capacity of the judiciary to fight organized crime, according to a report released Tuesday by Human Rights Watch (HRW).

The report, “Congress in Cahoots: How Peru’s Legislature Is Allowing Organized Crime to Thrive,” revealed how the Peruvian Congress is actively undermining the country’s ability to combat organized crime. Against a backdrop of surging violence, including record-high homicides and extortion, the report details how lawmakers have passed legislation that weakens judicial independence, limits prosecutorial tools, and retroactively protects illegal activities such as unauthorized gold mining.

According to the group, the Congress has systematically undermined key democratic and judicial institutions, therefore weakening the country’s ability to respond to organized crime. Lawmakers have passed a series of laws that restrict prosecutorial tools, such as plea bargaining and evidence gathering, and have narrowed the legal definition of organized crime, making it harder to investigate and prosecute criminal networks.

In particular, Law No. 31990 restricts the use of “efficient collaboration,” a vital tool akin to plea bargaining that enables prosecutors to dismantle criminal networks, while Law No. 32108 narrows the definition of organized crime, excluding many cases from being tried under enhanced criminal frameworks. Law No. 31751 shortens the statute of limitations for corruption offenses, increasing the risk of impunity for serious crimes.

HRW noted that these legal changes, passed by a Congress in which over half the members are themselves under criminal investigation, reflect a self-serving agenda that erodes judicial independence and shields lawmakers from accountability, ultimately creating a permissive environment for organized crime to thrive.

Juanita Goebertus, Americas director at HRW, sharply criticized the legislative backsliding in Peru, warning that it not only sabotages the rule of law but also leaves “millions of Peruvians more exposed to the threats of organized crime.” She emphasized that both Congress and President Dina Boluarte’s administration must “urgently reverse course and take effective steps to protect the rights of all Peruvians,” calling for a strengthening of judicial and investigative institutions to defend against expanding criminal influence.



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