The general officers or admirals who are appointed as Chief of the Joint Command of the Armed Forces or general commander of the military institutions will exercise their functions for two years and extended for an additional year in the case of the first, at the decision of the President of the Republic.
That was the legal formula approved by a majority in the plenary session of Congress, the same one that also proposes that the causes for the dismissal of the Head of the Joint Command and the commanding generals be objective, in order to avoid “subjective interpretations” that truncate the career of officers who came to that position on their own merits.
The person in charge of sustaining the opinion was the president of the Defense Commission, Joseph Williams (Avanza País), who referred that the proposal includes the projects of congressmen Roberto Chiabra León (Alliance for Progress), José Cueto Aservi (Popular Renovation) and another of his authorship.
The proposal received 81 votes in favor and 27 against.. At the request of the head of the commission, a new consultation was held to exonerate it from a second vote, which registered 82 votes in favor, 27 against and two abstentions.
Williams Zapata explained that the initiative modifies article 10 of Law 28359, Law on the military situation of officers of the Armed Forces.
He indicated that, if enacted, the rule will prevent the Peruvian Army, the Navy and the Air Force from being destabilized, “situation that has been seen in recent years and the governments that have passed”.
Consequently, he cited the grounds for dismissal: death, due to a request to retire, due to permanent physical disability, duly declared by a medical board; for incurring very serious fault; in the commission of an intentional crime, declared by final judgment of the Judicial Power; and commit flagrant crime.
During the debate, parliamentarians from different benches expressed their points of view. Cueto Aservi He emphasized that the decision-making power of the president is not reduced by extending the term of the appointment, because one year, as the current law says, is not enough to comply with the plans outlined for the sector.
the congresswoman Maria Acuna Peralta (Alliance for Progress) was the first to express its agreement with the proposal. Parliamentarian Pedro Martínez Talavera (Popular Action) also did it. “so that politicians never again subjugate the Army or the Police as they did in the 90s″.
For his part, the legislator Alex Paredes-Gonzales (Perú Libre) said that the opinion has to do with the rights of people who adopt a military career and that there are legal loopholes that do not allow those rights to be respected.
