The Congressional Subcommittee on Constitutional Accusations (SAC)) refused to declare the case admissible constitutional complaint against Dina Boluarte for the alleged crimes of qualified homicide and serious injuries due to the deaths that occurred in the protests against his regime between 2022 and 2023.
With 14 votes in favor from the benches of Fuerza Popular, Bloque Magisterial, Alianza Para el Progreso (APP), Perú Bicentenario, Podemos Perú, Honor y Democracia and Renovación Popular, the first step was taken to protect her from being investigated for human rights violations.
This The constitutional complaint had been made in November of last year by the former Attorney General of the Nation, Patricia Benavidesagainst Dina Boluarte. The Subcommittee on Constitutional Accusationschaired by the congresswoman of the Alliance for Progress (APP), Lady Camones, had presented a qualification report declaring its origin.
However, once again Fujimorism and its allies – among them left-wing parliamentary groups – closed ranks to reject the qualification report. Now this opinion will have to be discussed in the Permanent Commission. If the decision is ratified, the protection of Dina Boluarte will be consummated.
As President of the Republic, the formalization of the preliminary investigation when her government ends requires that Congress first approve lifting her political immunity so that the Attorney General can formalize the accusation before the Supreme Court of the Judiciary.
However, with the filing of this constitutional complaint, the investigation by the Public Prosecutor’s Office will remain stalled for five years after leaving the presidential mandate – which is the period of his immunity.
Dina Boluarte: Magisterial Block joined the shield
At the session of the Subcommittee on Constitutional Accusations, the only parliamentarian who spoke was Elizabeth Medina, from the Magisterial Blockwho refused to support this accusation on the grounds that the former Attorney General’s DC was politicized.
“There is no doubt that they are not ideals and much less beliefs. On November 27, Operation Valkiria V was carried out, the main objective of which was to arrest people close to the former Attorney General of the Nation. The question is: why does the former Attorney General react after five hours with a constitutional complaint against the president and her Ministerial Cabinet?“, Medina said.
It is true that the DC of the former head of the Public Ministry came after that operation that marked the beginning of the fall of the former prosecutor. However, since she is a high-ranking official, the progress of this case requires that Congress admit it for processing, approve it and then accuse it in order to lift the immunity of the president.
But Medina continued with his rhetoric, which in the end played more of a wall with the protection of Boluarte. “It seems more like this constitutional complaint was a political reaction. I have never allowed myself to be used so that the deaths of our fellow countrymen are exploited to play into Patricia Benavides’ hands,” he said.
The congresswoman from the Magisterial Bloc said that the case of the deaths “has its own path and must run its own way” because there are 18 formal investigations in other instances. “Let’s let it move forward,” she said. However, what the parliamentarian does not specify is that these investigations are against other people involved and not against the president.
Because Dina Boluarte is a high-ranking official, the only person who can investigate and charge her is the Attorney General. And for that to happen, Congress must first approve the constitutional complaint.
But that didn’t matter and shielding took precedence.
Other defendants who were saved
This constitutional complaint was also against former ministers Alberto Otárola, César Cervantes, Víctor Eduardo Herrera and Vicente Romero. However, like Boluarte, they were protected in Congress.
Dina Boluarte: the 14 congressmen who protected her
| Congressman | Bench | Admission of the complaint |
| Lady Camones | APP | Yeah |
| Jorge Montoya | Honor and Democracy | No |
| Arturo Alegria | People’s Force | No |
| Eduardo Castillo | People’s Force | No |
| Hector Ventura | People’s Force | No |
| Martha Moyano | People’s Force | No |
| Isaac Mita | Free Peru | Yeah |
| Second Montalvo | Free Peru | Yeah |
| Edith Julian | APP | No |
| Edgar Reymundo | Democratic Change | Yeah |
| Elizabeth Medina | Magisterial Block | No |
| Alex Paredes | Magisterial Block | No |
| Jose Cueto | Honor and Democracy | No |
| Diego Bazan | Popular Renewal | No |
| Kira Alcarraz | We can Peru | No |
| Jorge Coayla | Peru Bicentennial | No |
| Ezra Medina | Popular Renewal | No |
| Louis Aragon | Popular Action | No |
