Six motions of censure and one motion of vacancy sealed this week the first 100 days of the transitional government of José Jerí. The efforts to achieve the departure from the Government Palace of the Somos Perú congressman in charge of the presidency of the republic, however, have entered a waiting period due to the legislative recess that will end on February 28 and the difficulties in gathering the 78 signatures necessary to process an extraordinary plenary session.
Only then will the calls for removal be reactivated in Congress, as long as new videos do not appear in the meantime that further compromise the integrity of the president and manage to remove Fuerza Popular, Alianza para el Progreso, Podemos and Somos Perú from their comfortable status as spectators, who have chosen, at least until now, to shield the head of state.
But if that does not happen, the president will have – until March 1 – 34 days for the scandal to “cool” and try – although we believe unsuccessfully – to rebuild the broken citizen trust that, 78%, not only considers his meeting with the Chinese businessman Zhihua Yang – hooded, at night and outside the official and Palace agenda – suspicious, but believes that it reveals “indications of corruption”, according to the latest Ipsos survey for Peru21.
Segundo Montalvo, congressman for Perú Libre and promoter of the only vacancy motion presented against Jerí with the endorsement of 26 legislators – the minimum required by regulation -, hopes that groups such as Fuerza Popular, APP or Podemos will adhere to his request. The truth is that these groups, added to Somos Perú, the party in which the president is a member, represent almost half of Congress. All of them have 58 parliamentarians. If we subtract that number from the total of 130, there are only 70 left—not counting the late Carlos Anderson and Guillermo Bermejo, imprisoned for a 15-year sentence for terrorist affiliation—to eventually support the motions.
Censorship requires 66 votes for approval in the Plenary; the vacancy, 87. In the first case a tight vote in favor could be achieved; In the case of vacancy, that possibility is practically ruled out, for now.
The question that continues to hang in the air is which of these two constitutional mechanisms can be applied to Jerí?
Censorship or vacancy?
The Peruvian Association of Constitutional Law – which brings together more than 180 constitutionalists of recognized prestige – issued a statement pointing out that Jerí “continues to be a congressman because, according to article 95 of the Constitution, said position is inalienable; however, having been sworn in as president of Peru, his position is suspended or not authorized”, so – it adds – “if there is behavior that seriously compromises the presidential figure, a presidential vacancy must be opted for and end of his term due to the constitutional accusation for violation of the Constitution.”
The former president of the Constitutional Court Ernesto Blume endorsed this position. In dialogue with Peru21 He specified that a president of Congress is suspended from that position upon assuming the duties of president of the Republic and, therefore, is excluded from having a measure applied to him that has to do with his position as head of the Legislature. “We cannot sanction it in that dimension,” he noted.
Along these lines, he stressed that what would correspond in Jerí’s case would be a motion of vacancy and not of censure, but – he pointed out – “as long as it is proven that there is a cause, the parliamentary procedure is followed, he is given the right of defense, it is debated and approved by 87 votes” in the Plenary.” “It seems extremely difficult to me,” he commented.
Regarding the possibility of a resignation, the jurist stated that “it is always open and Jerí can exercise it at any time, but it is already an act that depends on him.”
“Unfortunately, the electoral climate and the political moment have already been clouded by the president’s own actions, who have not measured what he was doing; (…) whoever exercises the presidency has to act with great rigor and responsibility, and not expose himself, through lightness or carelessness, to the creation of a national scandal and his impartiality, transparency and neutrality being called into question,” he said.
For the constitutionalist, “we must hope that the president clarifies the issue sufficiently,” although he acknowledged that “the atmosphere is strained.” In this climate of distrust, can we go to an electoral process? “If you can leave, you can leave; but if you ask me if you should leave, I would tell you that it is not recommended.
This moment demands an impartial, transparent and neutral government, focused on elections and ensuring security and economic stability. Unfortunately, due to the president’s own actions, this situation has been caused, which is not consistent with the prudence that a president must have in each of his actions,” he concluded.
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