the minister of Justice and Human Rights, Felix Cheroannounced that the Government is preparing a bill that sanctions prosecutors or judges who leak confidential information about investigations or processes to third parties with up to three years in prison.
In statements to Canal N, the minister explained that these leaks affect due process, but specified that this does not affect freedom of expression, since journalists continue to have the right not to reveal their sources of information.
“We have identified two situations that have to be regulated by law, one is the issue that the criminal procedure code says that investigations are reserved. In other words, only the parties to the process can have access, we are not talking about the media, they have their own sources, there is freedom of expression and there is absolute respect”, he asserted.
“But if the prosecutor, the judge or the PNP, having confidential information, intentionally gives it to third parties, that will be a crime.”, he remarked.
“The justice system must ensure that its officials reserve the information so that it is not distorted, journalists have their own media, but when it is done to obstruct the investigation, a punitive mechanism has to be established when this information reaches the hands of third parties”, said.
“The proposal is for a suspended sentence, the proposal is two to three years of suspended sentence. Because if the investigation is confidential and leaked, this alters the entire investigation process and fundamental rights are affected because that way a person is labeled as if he were a criminal and the confidentiality is violated”he stated.
This project is announced after the transcription of an audio between Zamir Villaverde and the former Minister of Transport and Communications, Juan Silva, was revealed weeks ago.
In the transcript that includes the conversation, it can be seen that Villaverde would have given a bribe of S / 100,000 to the former head of the MTC Juan Silva on behalf of Tableros y Puentes SA (Tapusa), one of the companies that, in consortium, won the tender to build the Tarata bridge for S/232 million. The authenticity of this audio has been confirmed by the Public Ministry.
