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LatinNews Daily - 24 July 2018

Peru’s congress declares judiciary in state of emergency

Development: On 23 July Peru’s national congress voted overwhelmingly in favour of declaring a state of emergency in the national magistrates’ council (CNM) for a period of nine months.

Significance: The proposal had not been supported by the main right-wing opposition Fuerza Popular (FP, Fujoimoristas) party but even its members voted in favour of what Jorge del Castillo, proponent of the bill, described as a signal of the willingness of congress to fundamentally restructure the national justice system. The decision by congress comes after the controversial appointment on 21 July of the new attorney general, Pedro Chávarry Vallejos. This appointment has been described by some legislators, including Alberto Quintanilla, the spokesperson of the left-wing opposition Nuevo Perú coalition, as illegitimate given that Chávarry is under investigation for his suspected involvement in a influence trafficking scandal and his links to the disgraced suspended judge César Hinostroza.

  • The motion approved by congress allows for the removal of the members of the CNM to make way for a process of restructuring the body. For the period of the emergency, the constitutional law governing the CNM will be suspended and its tasks split between various individuals and organisations. The comptroller general’s office will take on the role of custodian of the administrative archive, while the management of the CNM will be handed over to the most senior civil servant.
  • Peru’s President Martín Vizcarra, who notably did not attend the swearing-in ceremony of Chávarry, has nonetheless acknowledged the need for state institutions, including the attorney general’s office, to exercise their autonomy in their appointments. Vizcarra’s comments came after his newly appointed justice minister, Vicente Zeballos, as well as Prime Minister César Villanueva, called on Chávarry to step down following the influence trafficking allegations.
  • Chávarry has resisted the calls to step down, and he has denied having any personal relationship with Hinostroza or having had any knowledge of the judge’s conduct prior to the recent revelations.
  • President Vizcarra’s absence from Chávarry’s swearing-in ceremony has been seen by some as a means to force his removal, as the constitution demands that the attorney general must take the oath in the presence of the president. Chávarry has denied that this is a problem, claiming that since the office is not bestowed by the president there is no binding need for this formality.

Looking Ahead: President Vizcarra has promised to make an announcement on 28 July in which he will outline his plan for tackling corruption in the judicial sector. The government commission formed to look into reforming the judicial system is also due to report on 25 July, and there will be hopes that this commission’s recommendations will offer a way forward that unites the various disparate approaches currently being used to address the crisis.

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