So far this year, four bills have been presented that seek to increase the impediments to running for elected public office.
Avanza País, Acción Popular, Renovación Popular and Alianza Para el Progreso presented various initiatives that seek to modify the Constitution so that those sentenced for terrorism, drug trafficking, corruption, among other crimes, cannot apply even if they have been rehabilitated.
Four very similar proposals, but they all agree on one thing: even if the sentenced are rehabilitated, they will not be able to apply.
THE ORIGIN OF THE PROBLEM
This specification in rehabilitation arises because the constitutional Court (TC), in its ruling 370/2022, left the door open so that those convicted of terrorism who have been rehabilitated can apply for public office. This ruling came after more than 7,000 citizens filed a claim of unconstitutionality against various regulations dealing with terrorism.
Oscar Urviola, former president of the TC, considered that the highest interpreter of the Constitution “has not made a proper interpretation.” Likewise, he pointed out that the crime of terrorism, like that of treason, is punishable by death in the Constitution, for which he denotes “how serious the crime of terrorism is.” In addition, the former tribune assured that “It has been shown that “even though they serve jail time, they have not been rehabilitated” after serving his sentence.
Article 34-A of the Constitution expressly states that persons who have been convicted of an intentional crime in the first instance may not run for public office. This same impediment is applied in article 39-A, to designate trusted personnel in a position. However, thanks to the Constitutional Court, once they have served their sentence and paid the civil damages imposed, they will be able to run for Congress or even for the Presidency of the Republic.
THEY DO NOT AGREE
The Congressional Constitution Commission it took into consideration the various projects on the subject that were presented and proposed to modify articles 34-A, 39-A and 139 of the Constitution. According to the working group, the impediment to apply must be maintained even if the criminal has been rehabilitated.
At the end of this week’s session, the working group proposed that “the criminal offenses referring to terrorism, apology for terrorism, illicit drug trafficking, violation of sexual freedom, collusion, embezzlement or corruption of officials, homicide in its various modalities , human trafficking, kidnapping; the impediment is applicable up to 20 years after having been rehabilitated”. However, the congressmen continued to propose increasing the list of crimes that will be subject to the prohibition despite the rehabilitation.
Given this situation, Hernando Guerra García, president of the commission, assured that it will be discussed in the next session of the working group.
speaking for Peru21, the Fuerza Popular congresswoman, Patricia Juárez, announced that she will present a project that seeks to prevent for life those convicted of terrorism from running for public office. In addition, she pointed out that there is a consensus that it is very serious that people who have such serious crimes can be candidates.
Under the conditions of the debate, the politicians who would be left out of any upcoming election would be: antauro humalawho was sentenced for manslaughter. Vladimir Cerron, on whom two corruption convictions weigh, would be left out of the electoral contests. Even Rocío Leandro, alias ‘Cusi’, who served a sentence for terrorism and is now serving pretrial detention, could not even run for mayor.
As the congresswoman points out, there would be a consensus in the Constitution Commission, in which it is necessary to prohibit those convicted of serious crimes from holding public office. However, once it is approved in commission, this reform will need to be ratified in two ordinary legislatures with 87 votes, or 66 votes and a referendum.
It will depend on Congress that those who murdered more than 30,000 Peruvians do not hold public office again.
