The Fifth Chamber of Constitutional and Social Law of the Supreme Court declared unfounded the prosecutor’s request to declare the illegality of the Fuerza Popular party, which leads Keiko Fujimori, for undemocratic conduct.
The request was formulated last September by the then Attorney General of the Nation, Delia Espinoza, who concluded that the political organization carried out “activities contrary to democratic principles” by promoting “attacks against the integrity of magistrates, public officials, political opponents, journalists and independent press media, and organized civil society.”
Espinoza maintained that these attacks were carried out through violent groups that denounced “fraud at the table”, in relation to the 2021 elections in which Fujimori came in second place after Pedro Castillo.
However, for the supreme judges “the existence of an organic or functional link between said groups and the political organization has not been reliably proven.”
Regarding the discourse of fraud, which led citizens to display hostile attitudes, the court ruled that this was a position adopted by the orange party as part of its “freedom of expression.”
In addition, it was noted that FP took legal action to challenge the minutes before the National Elections Jury.
“It is not legally viable to sanction a political party for expressing or disseminating ideas or interpretations regarding facts that it considers relevant to the electoral process,” reads the document issued on December 3, which was accessed. Peru21.
“The declaration of illegality of a political party does not constitute a proportional or reasonable measure, as it would imply a serious impact on the fundamental rights of political participation and election, protected by the constitutional order,” he adds.
Along these lines, the court chaired by Judge Ulises Yaya considered that “the existence of violence in the speech or its systematic nature” has not been identified and that the opinion generated is typical of the political debate.
“It has not been proven that the violence attributed to groups such as La Resistencia and its factions Los Combatientes, La Insurgencia and Los Patriotas is directly attributable to the political organization (Fuerza Popular) as such, nor that the alleged support provided by congressmen has been systematic in nature,” he indicated.
In this way, the Fujimori party remains in the race for the 2026 elections.
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