The Judiciary, through the Tenth Specialized Constitutional Court of the Superior Court of Justice of Lima, admitted for processing a habeas corpus claim, filed in favor of the Embassy of Mexico, with the objective that the former president of the Council of Ministers, Betssy Chavezcan leave the country through a safe conduct.
The measure, presented by citizen Rubén Serpa Valdez, is intended to ensure the inviolability of the aforementioned diplomatic headquarters following statements by the President of the Republic, José Jeríwho stated in an interview that he could use public force to enter the embassy.
“If you have to enter the Mexican Embassy, it will be done,” the president said in November 2025 in an interview.
According to the citizen plaintiff, these statements constitute a “real, certain and imminent threat” that disregards Article 22 of the Vienna Convention, which guarantees the protection of diplomatic headquarters. For this reason, he argued that neither the Public Ministry nor the Judiciary “could issue arrest warrants enforceable within a foreign embassy.”
The court ordered the transfer of the lawsuit to the public prosecutor’s office of the Presidency of the Council of Ministers, the Ministry of Foreign Affairs, the Ministry of the Interior and the Judiciary. The entities will have three days to acquit the claim and present their defenses before a ruling is issued.
In this regard, constitutional lawyer Aníbal Quiroga told Peru21 that the appeal should not have been admitted for processing because the Mexican State cannot be part of a process in national jurisdiction.
“The Judiciary has jurisdiction over issues in Peru and the safe conduct is given to the government of Mexico, which does not and cannot have a legal dimension in the process. It is not part of the process. The judges of Peru do not have jurisdiction over diplomatic authorities,” he stated.
For this reason, he described the appeal as a “non-judicializable claim.”
“It should not have been admitted to the proceedings because it involves a government that cannot appear before a process because it has immunity. It cannot be subject, neither as a plaintiff nor as a defendant,” he said.
Quiroga added that the appeal “will be declared inadmissible.” If he continued with it, he said that “it would be inapplicable and unviable”, so, in short, the Peruvian government will not be obliged to provide safe passage for Betssy Chávez to leave the country for Mexico.
IN CAMPAIGN
As is known, Betssy Chávez is prosecuted for the former president’s failed self-coup attempt Pedro Castilloin December 2022. He remains in the facilities of the Mexican Embassy in Lima since November 3, 2025, after receiving asylum from the North American country. On the 21st of that same month, the Judiciary issued preventive detention against her, after being accused by the Prosecutor’s Office of the alleged crimes of rebellion and conspiracy.
Peru21 He revealed on February 4 that he is campaigning for his mother, Herminia Chino, who is running for the Senate with the Podemos political party, owned by José Luna Gálvez, through recordings and videos published on social networks. For this reason, the Foreign Ministry issued a statement expressing its “discomfort” to the Mexican government.
