After the conviction in the first instance for the crime of terrorism against the congressman Guillermo Bermejojurists consulted by this means agree that the Attorney of the Nation has the obligation to initiate a preliminary investigation against the political parties linked to the parliamentarian: Perú Libre (party that took him to Congress) and Voces del Pueblo (organization that he founded).
Both experts maintain that Bermejo’s individual criminal responsibility does not automatically imply the illegality of the parties, but it does provide the necessary evidence to investigate whether their ideological platforms or leaders supported terrorist activities.
The constitutionalist Alejandro Rospigliosi emphasized that it is essential to distinguish between the responsibility of Bermejo as a person and that of the parties. According to his analysis, to dissolve a political organization, it would have to be proven that it “had knowledge of and was linked directly or indirectly to Bermejo’s criminal behavior.”
Furthermore, the political organization uses its power with “undemocratic methods to exalt the violation of human rights and the rule of law,” which is the criterion used to declare a party illegal.
Rospigliosi suggested that the Peru Libre party should “clarify whether it was directly or indirectly linked to the activities carried out by Mr. Bermejo.” Constitutional lawyer Lucas Ghersi also specified that the dissolution would only proceed if it is proven that “its entire ideology is contrary to democratic values.”
KEY ROLE OF THE PROSECUTOR’S OFFICE
The jurists pointed out that the law establishes that the declaration of illegality of a political party can only be requested by the Prosecutor of the Nation or the Ombudsman.
Rospigliosi was emphatic that the sentence against Bermejo constitutes a clear indication that forces the Prosecutor’s Office to act.
“The current prosecutor of the Nation is obliged to open a preliminary investigation with the two political parties linked to Bermejo. The one that led him to be a parliamentarian is Perú Libre, and the one he has formed, Voices of the People. For both,” Rospigliosi stated.
Ghersi seconded this need, indicating that, although there are sufficient reasons for a dissolution process, it requires “a fairly in-depth investigation.” The investigation, as it is not a conviction, could be opened immediately despite the fact that Bermejo’s sentence in the first instance is still appealable.
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