In the last year and a half, the State, through the Police or the Public Ministryhas not only persecuted those who, exercising their right to protest, demonstrated against the government of Dina Boluarte and the Congress. In recent months this practice has extended to artists, violating freedom of expression.
An example of this is the oral trial that the actress and activist will face. Leonor Estradawho could be sentenced to one year and four months in prison for allegedly having committed the crime of outrage to national symbols when he was doing a staging. This within the framework of the social demonstrations against the president Dina Boluarte.
“On January 22, 2023, the accused participated in the march called La Toma de Lima and it was when she was in the vicinity of Kennedy Park that she stepped on the national flag, which is on the ground, jumping and then sitting on it. the national symbol, insulting this national symbol, then he joins in and walks away,” is the accusation made by the Second Corporate Criminal Prosecutor’s Office of Miraflores – Surquillo – San Borja.
However, the Public Ministry did not take into account that it was an artistic representation, he states. Gabriela Palizadirector of the María Trinidad Enríquez Community Legal Center and lawyer of Estradain conversation with The Republic. “Even this performance was presented in Scotland. “Confusing the nature of the character (a fictional character inspired by President Dina Boluarte) with the intentions of the citizen (Leonor Estrada) is totally dangerous, even absurd,” he noted.
In the prosecution control, the defense raised an action of inadmissibility so that the case is closed because the possible fraud was not established. However, this appeal was rejected. “The judge said that the non-existence of fraud was not evident. “He said that more evidentiary material had to be acted upon to determine what the artist’s intention was,” he said. Beating.
The processes of course insult to national symbols They usually do not reach oral trial. Even in the few cases where people have been convicted of this crime, they have later been acquitted by the Supreme Courtas he was able to corroborate The Republic.
Gabriela Paliza highlights that, compared to other precedents, this is the first time in which an artist will face an oral trial for a work or expression. “That is why this case is so important,” he highlighted.
Penalties requested against Leonor Estrada.
Particular interest of Mindef
The lawyer Gabriela Paliza warned of a special interest on the part of the Ministry of Defensean entity supposedly aggrieved by the act attributed to Estradato move the process forward.
“There has been a lot of momentum in this process from the Ministry of Defence. There is an interest in the case that, generally, does not occur in other processes. For example, in the case of Leysi Suárez, in which there was even a meeting with the minister, the process fell apart because there was no push from the Ministry of Defense. But in this case yes. “They prevent evidence from being carried out, they put obstacles in the way of publicity,” he said. Beating.
For Beatingthere is no doubt that we would be facing apparent political persecution and “punitive populism”, a concept developed by the Constitutional Court.
“The TC has mentioned that criminal law is the last ratio for conflict resolution. When it is applied partially, using a biased version of the facts and based on biased reporting, for us it is creating the figure of punitive populism. That is, criminal offenses are widely and improperly applied to politically persecute different actors. For us it is clear that this is why this case has advanced. At any other time it would have been unthinkable for a case like this to move forward,” he stated.
The oral trial against Estrada the past settled Monday September 16 and, as the defense calculated, it would take between 3 and 4 months for the Twentieth Unipersonal Criminal Court of Lima issue the first instance ruling. “It is going to be a trial in which the only evidence is going to be a 30-second extract taken from a biased journalistic report,” the lawyer stressed.
Ministry does not want a public trial
The lawyer Gabriela Paliza warned that the Ministry of Defense opposes the oral trial sessions against Leonor Estrada are public, despite the fact that it is not a case that qualifies as reserved.
“Mindef says that, if the trial is made public, that will serve to put media pressure on the judge, that appearing in the media will cause people to go to protest at the Court. This makes it evident that there is political persecution. There is a clear political interest in this case,” he declared.
Precedents
A first example that freedom of expression is in danger with the regime of Dina Boluarte This was the case of the sculpture “La Descarada” by artist and caricaturist Cesar Aguilar “Chillico”.
In June 2023, within the framework of the Inti RaymiAguilar presented the aforementioned sculpture, which would represent the government of Boluarte. However, it would not have been to the taste of the authorities and there would have been pressure for the artist to apologize for making it.
“La Descarada” in the parade for the jubilee month of Cusco (left) and when it was dismantled (right). Photo: LR composition/ Jazmín Ceras/ courtesy
According to “Chillico”, the president of the organizing committee of the National University of Art, Diego Quispe Titotold him that former minister Leslie Urteaga would have implied that those responsible for the sculpture would be separated from that study house.
Cesar Aguilar He refused to apologize. The following week, “La Descarada” was dismantled and burned, allegedly by university personnel.
Another precedent of State harassment against the arts is the case of the caricaturist from The Republic, Carlos Tovar Samanezknown as ‘Carlin‘.
On January 30 of this year, a cartoon was published in the printed edition of this newspaper showing three police officers, all dressed alike, with the texts “criminal in police suit”, “criminal police officer” and “police who fulfills his duty.” This in reference to the participation of troops in illegal acts.
Carlín’s caricature.
However, the Police Communication Directorate He described the drawing as a “ridiculation of the police image.” And that was not all.
The same general commander of the PNP, General PNP Victor Zanabriasent a notarized letter to ‘Carlin‘ in which he demanded that he apologize and rectify himself. This action was strongly rejected by national and international journalistic unions.
“I hope that my cartoon or this incident serves as a reason for the flags of freedom of expression to be raised,” he said on that occasion. Tovar.
