In the Plenary Session that last saw this opinion – almost four months ago – it was decided that the substitute text of the project that seeks to prevent those convicted of terrorism, murder and other serious crimes from running for elected office returns to the Constitutional Commissionwho at that time presided Martha Moyano.
The new proposal by the Fujimorist party frustrated a possible vote. Moyano’s proposal excluded the crime of qualified homicide, for which the recently deceased former president Alberto Fujimori was sentenced, although it would prevent Antauro Humala, convicted of homicide and rebellion, from running. The left-wing parties questioned the new text.
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Four months later, the project is still gathering dust, while elections are approaching and murderers and corrupt officials have a clear path to run.
The debate to make the ruling into law has no time to be reactivated. Fernando Rospigliosi, the new president of Constitución, said that the main problem is the votes and that they will facilitate consensus between the parties.
“This is a topic that needs to be discussed. We are trying to restart the debate. It is no longer a question of more discussions, now it is about reaching certain consensus and how the benches will express themselves in order to restart the debate and the vote in the Plenary Session,” explained to Peru21 the legislator of Fuerza Popular, who recalled that his bench voted in favor of the new substitute text, although the required 87 votes were not achieved.
Days ago, her fellow MP Patricia Juárez, also First Vice President of Congress, considered it important that the issue be debated again and that it can become law before the deadlines established for the elections.
It is essential that the bill be approved in this legislature. There is a risk that it may not be applied in the next elections, since, as it is a constitutional reform law, it needs to be approved in two legislatures with a minimum of 87 votes. In order to come into force, it must be approved before April 2025.
Meanwhile, on October 14, the Supreme Court will analyze the illegality of the political group ANTAURO, which intends to nominate Antaro Humala, convicted of murdering two police officers, for the presidency. Despite this, nothing prevents him from being a presidential candidate for now.
A REASONABLE LAW
“The Constitution allows for limitations to be placed on the right to vote,” explains constitutional lawyer Aníbal Quiroga, who has previously expressed his support for preventing people convicted of serious crimes from running for office.
“As long as the provision of the law is reasonable, that is perfectly constitutional, it is part of the legislator’s discretion; it is the legislator who decides whether or not rapists, kidnappers, or those who have been sentenced to a serious penalty or any penalty, apply,” the specialist told this newspaper.
In this sense, Quiroga thinks it is reasonable that the law states that those who have been convicted of serious crimes are prevented from participating. “These convicted people are rehabilitated for many things, but not for holding public office. Then, when you have a congressman with a history of rape, extortion or murder, don’t complain,” he said.
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