The president’s lawyer Dina BoluarteJoseph Campos, announced the genocide investigation shelving against head of statebut a few hours later, the Public ministry announced a new constitutional complaint against the president for the death of 44 Peruvians as a result of police repression in the context of protests against her government, between December 2022 and February 2023.
The Public Prosecutor’s Office filed a new constitutional complaint against the president and the same defendants, but this time for alleged crimes against life and health in the form of qualified homicide, serious injuries and minor injuries.
“The alleged facts refer to the social protests that occurred in the period between December 7, 2022, and February 9, 2023, in the regions of Apurímac, Arequipa, Ayacucho, Cusco, Junín, Ucayali, Puno, Lima, and La Libertad,” reads the statement released by the Prosecutor’s Office.
The complaint It includes President Dina Boluarte and several of her ministers. Pedro Angulo Arana and Alberto Otárola as holders of the PCM. Alberto Otárola and Jorge Luis Chavez Crest as Ministers of Defense. Finally, Cesar Cervantes, Victor Rojas Herrera and Vicente Romero in their capacity as Ministers of the Interior.
Criminal law expert Andy Carrión told La República that “at least 15 years in prison” is the penalty contemplated for this crime, according to what is stipulated in article 108 of the Peruvian Penal Code, which defines the implications of the crime of qualified homicide.
“Anyone who kills another person under any of the following circumstances shall be punished with imprisonment of not less than fifteen years: out of ferocity, greed, profit or pleasure; to facilitate or conceal another crime; with great cruelty or treachery; and by fire, explosion or any other means capable of endangering the life or health of other persons,” reads Article 108.
Genocide complaint against Dina Boluarte is filed
On the other hand, in the same statement, the Office of the Attorney General He reported that decided not to continue with the investigations against Dina Boluarte for the alleged crime of genocide. The Public Prosecutor’s Office has definitively dismissed the case and indicated that there is no grounds for filing a constitutional complaint in this case.
“In accordance with the above and in exercise of the powers conferred… it is ordered: there is no merit to file a constitutional complaint against Dina Boluarte… the case is definitively archived… in the form of genocide,” the document from the Prosecutor’s Office states.
It should be noted that, although this complaint has been halted, Investigations are still ongoing against the same defendants for the crimes of qualified homicide and serious injuries.
