Does the Ombudsman defend the people? Apparently, Josué Gutiérrez, no. Whoever came to office, proposed by Perú Libre, whose party he was also an advisor to, has shown signs of not defending the constitutional rights of citizens. Gutiérrez has not hidden his disagreement with the Supreme Court’s decision to declare illegal the political organization National Alliance of Workers, Farmers, University Students, Reservists and Workers (ANTAURO).
The defender announced that his institution will present a forceful and very legal report on this judicial decision, which for him violates the fundamental rights of its activists.
“Political organizations per se do not commit crimes, their representatives may be,” Gutiérrez told RPP, pointing out that by eliminating the party the thousands of militants who aspired to some position are being harmed.
“Whoever joined the group did not do so because of Antauro Humala but because of the ideology, the program, what it represents legally and publicly,” the defender thus defended a group that he never distinguished from the violent and threatening narrative of the person who served prison for the murder of four police officers during the so-called ‘Andahuaylazo’ and the one who intended to run for president.
“Being elected and choosing is a constitutional right that neither the Judiciary nor anyone else can proscribe; “That is called abuse of rights, and I say it with all its letters, the abuse of rights in a democratic State must be prohibited,” warned in RPP, Gutiérrez, who in 2011 was elected congressman for Gana Perú, the alliance that led to the Presidency to Ollanta Humala, brother of the man convicted of murder.
Amid so much defense of the party that supported someone who always encouraged violence against democracy, the defender preferred not to respond when asked if he considered, then, that Antauro should run.
“Whether people like it or not, objectivity is what has to prevail when exercised by the function and legal analysis,” said Gutiérrez, who in August questioned the then chancellor Javier González-Olaechea for rejecting Chavismo’s electoral fraud in Venezuela.
Enrique Ghersi, constitutional lawyer, questioned the position of the Ombudsman and described this attitude as a political gesture.
“I think Dr. Gutiérrez is making a political gesture for some reason and he is completely wrong. Both the Political Parties Law and the Civil Code establish that a civil association, in this case a party, cannot be formed against the Constitution. And the approaches of the party, its leadership and Mr. Antauro are equivalent in any case to the violation of the Constitution and the law because they are proposing the destruction of the democratic system,” the criminal lawyer also explained to Peru21TV.
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