congressman Charles Anderson (Not Grouped) presented a bill that proposes that those sentenced for the crimes of homicide and kidnapping cannot apply for the Presidency of the Republic.
It’s about the legislative initiative 2922/2022-CRwhich proposes to modify literal i) of article 107 of Law 26859, Organic Law of Elections, regarding the impediments to be candidates for the Presidency or Vice Presidency.
According to the document, those convicted of homicide in the modalities of simple, qualified homicide, femicide or violation of personal freedom in the form of kidnappingeven when they had been rehabilitated.
In the statement of reasons, the legislator states that the right to political participation is not absolute, so there are restrictions established in our legal system.
In this sense, it argues that the people who have committed the crimes of homicide and kidnapping “They have contravened the principle of suitability for the exercise of public function, the constitutional order and the social and democratic State of law”.
“A president convicted of terrorism, drug trafficking, rape, homicide or kidnapping, will not be able to represent a Nation that aspires to peace and deplores violence (…) This is one of the reasons why the position of president and vice presidents of the Republic should not fall to any person, but to someone who meets the minimum requirements with which citizens feel duly represented”underlines.
It should be noted that if this rule is approved in the plenary session of Congress, the ethnocacerist Antauro Humala would be prevented from running for the Presidency in the 2026 general elections.
The brother of former president Ollanta Humala, convicted of the crimes of simple murder, kidnapping and others related to the ‘Andahuaylazo’ of 2005, served his sentence under the figure of redemption of sentence
Antauro Humalaoriginally sentenced to 19 years in prison for the seizure of a police station in the city of Andahuaylas, served a total of 17 years, 7 months and 14 days up to the date of the National Penitentiary Institute (INPE) statement.
For the prison authority, the prisoner according to Law 28760 achieves his freedom because the “computation of redemption of 7 days of work or education for 1 day of freedom” It can be applied for sentenced for kidnapping.
In total, it was calculated that Humala Tasso completed 3,667 days of work and study, which is equivalent to serving a sentence of 1 year and 7 months.
