the bench of Advance Country of Congress of the republic presented a bill with the purpose that the ppeople with sentences served as perpetratorsco-authors or accomplices in the crimes of homicide, murder, extortion, kidnapping, human trafficking, genocide, enforced disappearance Y torture are not candidates in the general, regional and municipal elections.
This is bill 3581, the same one that proposes to modify laws 26859, 27683 and 26864, the Organic Law on Elections and the Law on Regional and Municipal Elections.
In this way, it is promoted to modify articles 113, 2 and 4 of the aforementioned laws in the point that states that “They cannot be candidates for representatives to Congress, representatives before the Andean Parliament, municipal and regional elections, unless they resign 6 months before the date of the elections.”.
arguments
The American Convention on Human Rights, ratified by the Peruvian State, establishes in its article 23, numeral 1, literal b, that all citizens must enjoy the right to vote and be elected in authentic periodic elections, carried out by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters.
In this line, it establishes parameters regarding the exercise of said political rights that must be observed by the States.
“The proposal is consistent (…..) In accordance with the provisions of the Constitutional Court “no right is absolute, and that fundamental rights can be limited, restricted or intervened to some extent when said limitation or restriction is justified in the proportional and reasonable protection of other fundamental rights or assets of constitutional relevance”, ratifies the initiative.