The President Dina Boluarte announced that it is time to open the debate for the death penalty for rapists during an activity in Surco. The president’s statement came when she spoke about the murder of a 12-year-old minor in the district Villa Maria del Triunfo last Sunday, December 8.
“We should not have any type of contemplation with those who dare to touch our boys and girls, who are the most sacred and untouchable for our Peruvian families. It is time that, faced with events of this magnitude that should be inconceivable within a society, we raise drastic measures, it is time to open the debate on the death penalty for child rapists“We cannot allow guys like these to walk free in the streets,” he said.
During his speech, Boluarte He also called on the National Police of Peru (PNP) with the aim of strengthening the tools and improving actions in order to protect the country’s children against sexual offenders or other dangers that put their lives at risk.
“I also call on our national police, we must reinforce our tools and our actions to protect the most vulnerable, like in this case our boys and girls,” he highlighted. Dina Boluarte.
Former president of the Judiciary, Javier Arévalo, rejected returning to the death penalty in Peru
On December 7, the former president of the Judiciary, Javier Arevaloopposed the congressman’s initiative Jorge Montoyawho proposed denouncing the American Convention on Human Rights in order to restore the death penalty in Peruas a measure to stop the wave of citizen insecurity and extortion. Arévalo stressed that we cannot return to that and expressed his support for the implementation of life sentences for those criminals who commit serious crimes.
“I strongly reject the death penaltyI do not believe in the death penalty, I believe that it is something that we have overcome and that cannot be restored in Peru. What I do believe is that there should be life sentences for criminals who commit certain crimes,” he declared.
“It’s a smokescreen”: specialists reject the death penalty proposed by Dina Boluarte
In the same line as Arévalo, various human rights specialists rejected execution as punishment for a crime. The reason? From a regulatory point of view, the proposal is unviable and, furthermore, taking into account the presidential circumstances, it would be a mere “smoke screen” to cover the Government’s inaction.
This was stated by lawyer Mario Amoretti, who stressed that execution does not solve citizen insecurity. “It is clear that it is a smokescreen from President Dina Boluarte. This does not solve the problem of insecurity that the country is experiencing. The Boluarte Government does not work, the Congress does not work, they are only in a spirit of survival and they are not doing nothing to really combat the country’s problems,” he mentioned in an interview with this medium.
For his part, the lawyer Juan José Quispe recalled that Peru is part of the American Convention on Human Rights, also called Pact of San José of Costa Rica. This international treaty provides for rights and freedoms that must be respected by the States Parties. One of them mentions execution as punishment for a crime. In this regard, it says: “(State parties) shall not apply the death penalty in their territory to any person subject to their jurisdiction.”
“We are part of the administrative litigation jurisdiction of the Inter-American Court of Human Rights and, therefore, we cannot implement the death penalty if the Pact of San José is not first denounced,” Quispe told La República.
To achieve a complaint, the head of state would have to present the project to Congress, a power that would evaluate and debate whether or not “we completely withdraw from the Inter-American system.”
This entire process would take more than a year. Then, the Inter-American Court must respond to the Peruvian request, which would take another period of time. Subsequently, in the hypothetical case that Peru manages to withdraw from the Pact of San José, the current Constitution would only be modified.
“The entire process takes more than a year and, in the meantime, the crimes will continue to occur. For me, it is a very big smokescreen from Mrs. Boluarte, because during the time the process lasts, citizens and the media They will focus their attention on it, leaving aside the Government’s damages. It is a populist measure to cover up their inaction and low approval,” he highlighted.
Dina Boluarte: how is the president’s proposal similar to Jorge Montoya’s initiative?
The president Dina Boluarte was in favor of opening the debate on the death penalty for rapists of minors, after learning of the murder of a 12-year-old girl in Villa Maria del Triunfo. The president’s initiative is similar to the proposal of the congressman of Jorge Montoyawho assured that the death penalty It should be applied to crimes such as rape of minors, contract killing, feminicide and terrorism.
However, Montoya proposes to denounce the American Convention on Human Rights in order to be able to implement the death penalty in Peru. “That they do not go unpunished and that we prevent our penitentiary centers from being overcrowded by irrecoverable criminals who do harm from inside and outside the prisons,” declared the parliamentarian.
For his part, the Minister of Justice, Eduardo Aranaindicated that the proposal must be reviewed, since “the rules of the Inter-American Human Rights System require a process.
Death penalty: President of Congress, Eduardo Salhuana, speaks out on the president’s proposal
The president of Congress, Eduardo Salhuanareferred to the initiative of Dina Boluartewho proposed opening the debate on the death penalty for child rapists. For this reason, Salhuana pointed out that the proposal must be discussed and analyzed.
“It is a controversial issue, it is a debatable issue, it is an issue that arises every time there are serious situations of this nature and that, obviously, generates indignation, rejection, censure and condemnation of these subjects who carry out these execrable acts. I believe that it must be discussed, it must be analyzed,” he declared. Eduardo Salhuana.
Dina Boluarte: what was the case of the minor who was found dead in Villa María del Triunfo about?
Last Sunday, December 8, in the morning, Enrique Huamán and Margaret Nestares reported the disappearance of their 12-year-old daughter. At night, it was reported that the minor was found dead in the Los Lúcumos de Pachacámac Human Settlement, on Los Cóndores Avenue, in the district of Villa Maria del Triunfo.
According to what the parents said, they received a call to the girl’s grandmother’s phone from a man, who told them that the minor would be left in the José Gálvez Police Station (VMT); However, since they did not have information about their daughter’s whereabouts, they began the search through the Global Positioning System (GPS).
After 20 hours of searching, Huamán and Nestares arrived at a hut located in the AA. HH Los Lúcumos de Pachacámac, where they found the body of their lifeless daughter. Likewise, J was also founderson Alexander Juárez Tapiawho confessed to having murdered the minor, according to what the mother said.
What does the Political Constitution say about the death penalty?
According to article 140 of the Political Constitution of Peru of 1993, the death penalty It can only be applied in the case of the crime of treason in the event of war, in accordance with the treaties to which the country is an obligated party. Currently, Peru is subscribed to the Inter-American Court of Human Rights.
“The death penalty can only be applied for the crime of treason in the event of war, and terrorism, in accordance with the laws and treaties to which Peru is an obligated party,” it reads.
