The congresswoman of Peru Libre Margot Palacios filed a complaint against the magistrates before the Subcommittee on Constitutional Accusations of Congress Ernest Blume, Augustus Ferrero, Jose Luis Sardon and Manuel Mirandaas a result of the Latest rulings issued by the Constitutional Court.
Palacios accuses the aforementioned magistrates of having infringed articles 1 and 2 of the Constitution and having incurred in the presumed crime of prevarication, having declared inadmissible an amparo action presented by the communities of Chila Chambilla and Chila Pucaráin the Puno province of Juli, in which they request that a mining concession be annulled for being on their territories.
The communities denounced that the Metallurgical Mining Institute (Ingemmet) and the Ministry of Energy and Mines (MEM) —entities responsible for the concession— did not apply the prior consultation mechanism.
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Judges Blume, Ferrero and Sardón chose to declare the people’s request inadmissible, since “the right to prior consultation is not recognized by the Constitution either expressly or tacitly”. Meanwhile, Miranda preferred to rule the lawsuit unfounded since he considers that the concession by itself does not imply a direct risk for the communities.
Given this, the official parliamentarian warns that the tribunals ignored ILO Convention 169, which, as an international treaty signed by the Peruvian State, has constitutional status, in accordance with various rulings of the TC.
They file a constitutional complaint against magistrates Blume, Ferrero, Sardón and Miranda. Photo: document
Fujimori’s illegal pardon
In her complaint, Congresswoman Margot Palacios also proposes to accuse the magistrates Ernesto Blume, Augusto Ferrero and José Luis Sardón for malfeasance because their votes restored the irregular pardon granted by former president Pedro Pablo Kuczynski to former dictator Alberto Fujimori in 2017.
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The perulibrista asserts that said ruling contradicts the provisions of the Inter-American Court of Human Rights in the Barrios Altos and La Cantuta cases: “The Court ordered the State, in both cases, the obligation to investigate, prosecute and, if applicable, punish those responsible for the events”.
Palacios also recalls that Fujimori Fujimori’s pardon was revoked after a review by the Supreme Court of Justice, at the request of the Inter-American Court. The Instance of local justice found irregularities in the granting of the presidential gracesuch as the fact that the Penitentiary Medical Board violated the principles of impartiality and due process, and the contradictory reports on the inmate’s state of health.
They file a constitutional complaint against magistrates Blume, Ferrero, Sardón and Miranda. Photo: document
