Recoil. Votes in favor were from Morales, Gutiérrez, Ochoa, Domínguez and Pacheco. judges association protest by decision. Union will attend the IACHR.
The Association of Judges for Justice and Democracy (Jusdem) yesterday issued a protest statement against the recent ruling of the Constitutional Court (TC), which grants greater power to the Congresswithout margins of constitutionality control on possible arbitrariness of parliamentarians, in key processes such as the election of the new defender.
The judges stress that the TC has issued a ruling that is directly related to the model of the Peruvian constitutional Statewhich guarantees the limitation and control of power.
That control, according to Constitutionhas been assigned to the judges, but the decision of the CT generates uncertainty, which is why they demand the prompt publication of the sentence.
TC sources reported that said publication could be given the following week, also depending on the delivery of the justification of the only vote against the magistrate Manuel Monteagudo.
At the moment it is already public that the five magistrates of the CT who voted in favor of the highly contested ruling were Francisco Morales, Gustavo Gutierrez, Cesar Ochoa, Helder Dominguez and Luz Pacheco.
The Jusdem association also questions one end of the sentence, according to which it would be intended to promote investigations against judges who issued resolutions that question parliamentary acts.
“We express our rejection of the indiscriminate adoption of measures against judges, since this would imply violating the independent functional exercise,” they state.
Advocacy Election
The ruling of the TC arises after a constitutional judge granted precautionary measures to block the election of the advocatedue to arbitrariness such as the lack of transparency and citizen participation.
This March 3 expires the extended term to present invited applicants, in the third attempt to elect the defender. At the moment the only guests are Gastón Soto Vallenas, Jorge Rioja and Miguel Soria.
Congressional sources reported that the candidate for the position is Soto Vallenas.
Due to the insistence of Congress to move forward with this election, The Ombudsman’s Union reported that they are preparing a brief for the Inter-American Commission on Human Rights (IACHR) in order to report the risks of the process and the observations on the ruling of the TC.
