Parliamentarian Ruth Luque (Cambio Democrático) filed a constitutional complaint against the president of the republic Dina Boluartefor the 22 deaths caused by the military repression and police, during the December 2021 protests.
The complaint was processed last Tuesday. According to the document, Dina Boluarte would have incurred infringement constitutional, together with the ex-premier Pedro Anguloin addition to the ministers Alberto Otárola (former Defense and today head of the PCM), César Cervantes (Interior) and José Tello (Justice).
The Cusco legislator attributes violation of articles 1, 2, 39, 44 and 118 (subsection 1) of the Magna Carta to all of them.
In particular, articles 39 and 44 establish that the president has the duty to act in compliance with the Constitution and the law, and that she has the obligation to guarantee the full observance of human rights.
However, During the state of emergency, citizens who did not even participate in the demonstrations were assassinatedas was clearly evidenced in the Ayacucho case.
qualified homicide
In addition to the constitutional violations, Ruth Luque (CD) denounces Pedro Angulo, Alberto Otárola and César Cervantes for the commission of the alleged crime of qualified homicide and serious injuries (articles 108 and 121 of the Penal Code).
The legislator maintains in her complaint that Pedro Angulo, Alberto Otárola and César Cervantes “contributed to the perpetration of the crimes, in their capacity as mediate perpetrators, by being part of the structure and apparatus of power and having superior control over the decision of the intervention of the National Police and the Armed Forces”.
At another end of the complaint, Ruth Luque recalls that Legislative Decree 1095, in its article 26, establishes that “in any case it is forbidden to shoot indiscriminately”, a fact that was not respected in the protests against Congress and against the government of Dina Boluarte.
This is the full text of the constitutional complaint:
