The constitutional lawyer Victor Garcia Takes spoke with Peru21TV about the process facing the party of Antauro Humala, ANTAURUSafter the recent statements by the convicted retired military man in which he reiterates that he will shoot former authorities.
LOOK: PJ has reasons to declare the ANTAURO party illegal
Are there 15 days left until the decision is made by the Supreme Court on the illegality of the ANTAURO party?
It seems to me that we must look with expectation and regret that the Jury, at the time, did not adopt the decision that corresponded according to the Law. It should be remembered that in 2012, the JNE, but with a different presidency, rejected the registration of the Movadef party because the ideology of that organization was contrary to the principles and values of democracy, which is what is also happening now with this organization that, under the acronym ANTAURO, promoted a rebellion that caused the death of four police officers. Mr. Antauro Humala walks through the streets and squares pointing out that he is going to shoot a number of people for alleged acts of corruption without this having been previously proven. This would indicate that the Supreme Court will probably be able, from that perspective, to declare the illegality of this organization.
Last weekend, he again threatened to shoot former presidents. Should this argument be taken by the Judiciary to resolve the Prosecutor’s demand?
It should do so, because in principle, the application of the death penalty is only allowed in cases of crimes of treason against the Homeland and after a trial with a sentence; Consequently, no one can dare to spread the idea—in a sector of citizens that is part of an electoral program—of the execution of former presidents just for the fact that they have been presidents. In some ways, this expresses a fascist movement that we must repudiate in today’s world. If there are those who rejoice in campaigning to exalt death, that is inconceivable.
Some party leaders have tried to separate Antauro Humala’s violent discourse from the organization, but can this be done taking into account that the party has Antauro’s name?
This is part of a phenomenon that occurs in Peru where caudillo parties appear, that is, the leaders are the owners of that organization. This organization cannot be separated from the leader, the ANTAURO party would not exist without Antauro; Consequently, that party could not support things different from what its leader thinks.
Should Congress again debate banning people convicted of serious crimes from running for public office?
It should be done very carefully, because the thesis could be supported that it is a law with its own name, that is, being ad porta to the electoral elections. Since April of this year, the pre-electoral stage has already begun. Using the legal wording with tweezers, we should move towards it and free the country, not only from Antauro, but in general from all these organizations that in a situation of vulnerability of our governance can cause a lot of damage.
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