The constitutional Court established that people who were convicted of crimes of terrorism or apology can be candidates for popularly elected positions only if they have been rehabilitated.
In the sentence handed down in file 00005-2020-PI/TC, the Judges Morales Saravia, Pacheco Zerga, Gutiérrez Ticse, Domínguez Haro, Monteagudo Valdez and Ochoa Rodrich declared well-founded the challenges of 7,345 citizens against the sentence: “The impediment is applicable even if they had been rehabilitated”, contained in articles 1, 2 and 3 of Law 30717.
Said norm, promulgated in 2018 by the Legislature with a Fujimori majority, modified electoral laws to prevent those sentenced, as perpetrators, for terrorism, apology for terrorism, illicit drug trafficking or violation of sexual freedom from not being able to run for the presidency of the Republic, Congress and regional and local governments.
In its foundation 140, the TC highlighted that Law 30717 has as its purpose that the candidacies “come from people committed to unrestricted respect for the dignity of the person, the democratic principle and the rule of law, within the framework of a culture of tolerance and peace.
However, it was warned that “establishing the prohibition to participate in political life to a person who has been rehabilitated implies a violation of the principle of presumption of innocence and contravenes the right to reintegration of the prisoner into society, recognized in article 139 paragraph 22 of the Constitution”.
He also warned that the phrase in question contradicts the American Convention on Human Rights.
“The rehabilitation in this case would not have really restored the rights of the subject who served the sentence, but rather, in contravention of the principle of resocialization, the possibility of participating in the political life of the nation would be absolutely and permanently restricted” , specified in the sentence.
Citizens must choose well, says the TC
The constitutional Court held that, to prevent the resurgence of terrorism in the country, the population is obliged to notify the authorities “that a person, whether rehabilitated or not, commits the crime of apology for terrorism or some other crime related to terrorism ”.
“Only vigilance and citizen solidarity can prevent the resurgence of terror in our society,” he argued.
The magistrates also recalled that, according to the Political Parties Law, These groups are in charge of proposing suitable candidates.
“So, The responsibility that the people who legitimize the exercise of terror against the constitutional State, for assuming a totalitarian ideology, are not elected to government positions is the responsibility of all citizens, who must exercise their right to vote in accordance with democratic values. Which requires the study of the government plans of the political parties and the resumes of the candidates”, stated the foundation 147.
