Constitutional Court of Peru

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Constitutional Court
Tribunal Constitucional
Tribunal Constitucional.png
Casa de Pilatos en Lima 22.jpg
Constitutional Court of Peru
Established1980 (Court of Constitutional Guarantees)
1996 (Constitutional Court)
Location Arequipa (de jure)
Lima (de facto)
Composition method Congress of the Republic of Peru
Authorised by Constitution of Peru
Judge term length5 Years
Number of positions7
Website http://www.tc.gob.pe/
President of the Constitutional Court
Currently Francisco Morales Saravia  [ es ]
Since5 September 2022

The Peruvian Constitutional Court or Constitutional Tribunal [1] is an independent constitutional agency of Peru that was established in the 1993 Constitution of Peru that was created during the government of Alberto Fujimori. The court's members are nominated by the Congress of Peru; these nominations sometimes lack transparency and are based on political favors that nominees can provide to legislators. [2] [3] [4] Since May 2022, the Constitutional Court has been used to provide institutional strength to Fujimorists in Congress, according to IDL-Reporteros. [5]

Contents

The court's historical headquarters are located in the city of Arequipa but its national operative headquarters are located in the capital city of Lima. The Constitutional Court is the highest organ of constitutional control and interpretation in the country. It is an autonomous and independent organ that is only bound by the Peruvian Constitution and its Organic Law – Law N° 28301.

Functions

The Constitutional Court is entrusted with upholding the principle of constitutional supremacy, against the laws or acts of state bodies that seek to undermine it and intervenes to restore respect for the Constitution in general and constitutional rights in particular. The Court is the one specialized organ that is responsible for this type of enforcement. It has the authority to review the adequacy of laws, draft laws and decrees of the executive, conducting a review of the constitutionality of such acts.

According to Kelsen's model, the Constitutional Court acts as a negative legislator, lacking the power to make laws but with the power to repeal all or portions of the unconstitutional laws/acts. More recent theories argue that the task of the Constitutional Court strictly involves judicial functions and resolving constitutional disputes, which may include a review of the performance of the legislature, the protection of fundamental rights and the distribution of powers between the branches of government.

Controversy

Seat nominations

Members of the United States Congress expressing concern about Constitutional Court nominees in a 2023 letter Castro-kamlager dove letter on peru.pdf
Members of the United States Congress expressing concern about Constitutional Court nominees in a 2023 letter

Congress, which is primarily filled with opportunistic politicians that are not linked to Peruvian society, has attempted to manipulate court nominations in order to achieve political objectives. [3] [4] [6] Legislators have attempted to nominate members of the Constitutional Court who would serve their political interests. [4] [3] In May 2022, six of seven members of the court were replaced by Congress in a process that lacked transparency according to Human Rights Watch. [2] [5] Following these nominations, the Constitutional Court began to serve on behalf of the Fujimorist interests within Congress. [5]

In response to the nominations in the context of the Peruvian political crisis, fifteen members of the United States Congress expressed concerns about reports of the Congress of Peru attempting to control governmental institutions. [7]

Rulings

Human Rights Watch stated that in 2022, the Constitutional Court "issued several rulings that were inconsistent with international human rights standards, including on same-sex marriage, Indigenous rights, and justice for crimes against humanity". [2] The court ruled in February 2022 that the killing of 113 prisoners in 1986 by Navy officers was not a crime against humanity. [2] In March 2022, the Constitutional Court ruled that the controversial 2017 presidential pardon of Alberto Fujimori, who was imprisoned for human rights abuses, should be reinstated. [8] The pardon was performed by Pedro Pablo Kuczynski, with the Mamanivideos scandal showing that he had agreed to pardon Fujimori for the political favor of avoiding impeachment. [8] The Inter-American Court of Human Rights (IACHR) denounced the move by the Constitutional Court, stating that Fujimori should remain in prison. [9] A month later in April, the IACHR also condemned the Constitutional Court's decision to allow the government to take indigenous land without first consulting them or obtaining consent. [2] [10]

A ruling in February 2023 by the Constitutional Court of Peru, whose members are elected by Congress, removed judicial oversight of Congress, essentially giving Congress absolute control of Peru's government. [11] [12]

Members

Related Research Articles

<span class="mw-page-title-main">Alberto Fujimori</span> President of Peru from 1990 to 2000

Alberto Kenya Fujimori Inomoto was a Peruvian politician, professor, and engineer who served as the 54th president of Peru from 1990 to 2000. Of Japanese descent, Fujimori was an agronomist and university rector before entering politics. Generally recognized as a civilian-military dictatorship, his government was characterized by its use of propaganda, widespread political corruption, and human rights violations.

<span class="mw-page-title-main">Congress of the Republic of Peru</span> Legislative branch of the Peruvian government

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Martha Gladys Chávez Cossío de Ocampo is a Peruvian Fujimorist politician and lawyer. A historical and a prominent figure of Fujimorism, she has served in Congress for six non-consecutive terms from 1995 to 2006 and from 2011 to 2016, and since 2020 to finish the 2016–2021 term that was interrupted by the dissolution of Congress. In the 2006 elections, she ran for the presidency, running on the Fujimorist Alliance for the Future ticket, but she lost, placing fourth in the election.

<span class="mw-page-title-main">Peruvian ombudsman</span>

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<span class="mw-page-title-main">Arrest and trial of Alberto Fujimori</span>

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<span class="mw-page-title-main">Fujimorism</span> Political ideology in Peru

Fujimorism is the policies and the political ideology of former President of Peru Alberto Fujimori as well as the personality cult built around him, his policies and his family, especially Keiko Fujimori. The ideology is defined by authoritarianism, its support for neoliberal economics, opposition to communism, and socially and culturally conservative stances such as opposition to LGBT rights and school curriculums including gender equality or sex education. Opponents of Fujimorism are known as anti-Fujimorists.

<span class="mw-page-title-main">Pardon of Alberto Fujimori</span>

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<span class="mw-page-title-main">Peruvian political crisis (2016–present)</span>

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<span class="mw-page-title-main">2019–2020 Peruvian constitutional crisis</span> Political conflict in Peru

The 2019–2020 Peruvian constitutional crisis began on 30 September 2019, when President Martín Vizcarra dissolved the Congress of Peru, citing a de facto denial of a confidence vote. This marked the first use of the 1993 Constitution’s provision allowing the president to dissolve Congress. The decision, however, was promptly contested by opposition lawmakers, who argued that Vizcarra’s actions constituted a “coup” or “self-coup,” with some comparing it to the 1992 self-coup led by then-President Alberto Fujimori. In January 2020, the Constitutional Court upheld Vizcarra’s decision as lawful.

<span class="mw-page-title-main">Cuellos Blancos scandal</span>

The Cuellos Blancos scandal or the CNM Audios scandal is a judicial scandal caused by the revelation of audio recordings of judges and their staff, with the most notable individual being Associative Justice of the Supreme Court of Peru César Hinostroza, allegedly discussing bribes and reducing criminal penalties. These judges were part of the National Council of Magistracy. The scandal was revealed by an initiative led by the investigative journalism website IDL-Reporteros, which ultimately collected over 63,000 audio recordings that reportedly unveiled one of the largest corruption networks in Peru's judicial history. Following the scandal, the CNM would be restructured into the National Board of Justice (JNJ).

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<span class="mw-page-title-main">2022 Peruvian self-coup attempt</span> Attempt by President Pedro Castillo to dissolve the Congress of Peru

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<span class="mw-page-title-main">La Resistencia (Peru)</span>

La Resistencia Dios, Patria y Familia, commonly known as La Resistencia, is a far-right militant organization that promotes Fujimorism in Peru.

<span class="mw-page-title-main">Josué Gutiérrez Cóndor</span> Peruvian politician

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<span class="mw-page-title-main">Peruvian Public Ministry controversy</span>

An investigation surrounding the Public Ministry of Peru, known as Operation Valkyrie V resulted with a controversy surrounding the Attorney General of Peru, Patricia Benavides, who was alleged to head a criminal organization. The scandal revolved around alleged irregularities with the decisions of electing the Ombudsman of Peru Josué Gutiérrez Cóndor, dismissing former attorney general Zoraida Ávalos and attempts to remove the members of the National Board of Justice (JNJ), all in reported attempts for Benavides to main control of the Public Ministry by nominating allies in judicial positions.

References

  1. ↑ Nollkaemper, Andre (2011). National Courts and the International Rule of Law. Oxford, England: Oxford University Press. p.  203. ISBN   978-0-19-923667-1.
  2. 1 2 3 4 5 "Peru: Events of 2022", Human Rights Watch , 12 January 2023, retrieved 9 March 2023
  3. 1 2 3 Salazar, Elizabeth (24 June 2021). "Intereses privados y denuncias de parcialidad empañan elección de miembros del TC". Ojo Público (in Spanish). Retrieved 9 March 2023.
  4. 1 2 3 Pública, Agenda. "Elección de miembros del TC: un asalto precario a la democracia peruana". El País (in Catalan). Retrieved 9 March 2023.
  5. 1 2 3 "Ni siquiera topo: apenas tapón". IDL-Reporteros (in Spanish). 22 May 2023. Retrieved 26 May 2023.
  6. ↑ Augusto, Maria Claudia (30 April 2022). "Politicised Constitutional Courts in Latin America: Lessons From Peru". International Public Policy Review. University College London . Retrieved 9 March 2023.
  7. ↑ Vega, Renzo Gómez (29 July 2023). "US Democrats pressure President Dina Boluarte over Peru's human rights violations". El País . Retrieved 30 July 2023.
  8. 1 2 Rochabrun, Marcelo; Aquino, Marco (18 March 2022). "Peru court rules polarizing ex President Fujimori can leave prison". Reuters . Retrieved 9 March 2023.
  9. ↑ Aquino, Marco (31 March 2022). "Peru should not release jailed ex-President Fujimori, says Inter-American Court". Reuters . Retrieved 9 March 2023.
  10. ↑ "IACHR Concerned About Peru's Constitutional Court Decision Affecting the Rights of Indigenous Peoples". www.oas.org (in Spanish). Retrieved 9 March 2023.
  11. ↑ Romero, César. "Tribunal Constitucional falla a favor del Congreso, que tendrá un poder absoluto y sin control judicial". La República (in Spanish). Retrieved 2 March 2023.
  12. ↑ Romero, César. "El Tribunal Constitucional está destruyendo el régimen democrático del país". La República (in Spanish). Retrieved 2 March 2023.
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