Peru: concern after law protecting police and military

Coronavirus in Peru: a police officer checks passers-by as part of the quarantine imposed to counter the disease, March 26, 2020. REUTERS / Sebastian Castaneda

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To cope with the coronavirus epidemic, Peru implemented full containment two weeks ago. The Peruvian government has also declared a state of emergency. To enforce containment measures, police and the military have been deployed across the country. And since this weekend, a law ensures them virtual immunity and arouses controversy.

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with our correspondent in Lima, Wyloën Munhoz-Boillot

This new law passed Saturday evening by the Peruvian Congress provides legal protection to police and military who, in the exercise of their constitutional functions, would cause injury or death. Concretely, today in Peru, a police officer or a soldier on duty can injure or kill a citizen without risking legal proceedings.

But contrary to what one might think, this law is not linked to the state of emergency and this is precisely what worries its detractors. Because this law had been sent by the previous Congress to the president for its promulgation. But as the latter had not promulgated it within the time limit indicated in the Constitution, the current Congress ordered its publication.

Concern of human rights organizations

The group of Peruvian human rights associations (CNDDHH) was one of the first to react. Its representatives denounce an unconstitutional measure. They accuse this new law of eliminating the principle of proportionality which has hitherto governed the use of force.

#LicenciaParaMatar en crisis por el # Covid_19
Con la ley 31012 "Ley de Protección Policial" the PNP puede hacer uso de la fuerza letal contra los civiles, sin regulación ni proporcionalidad.
Todos recordamos a Fidel Flores, asesinado en el desalojo de su vivienda. pic.twitter.com/mTGVQ7QXx9

CNDDHH 🇵🇪 (@cnddhh) March 29, 2020

However, according to the collective, this principle is essential to ensure that the police do not act in an excessive and or arbitrary manner and respect the constitutional framework and human rights. The collective therefore called on judges and the judiciary not to apply this new law and asked Congress to repeal it.

La Ley 31012 autoriza al policía o militar a meter bala sin consecuencia alguna. Licencia para matar.
La le fue aprobada por el Congreso disuelto. El Presidente Vizcarra no la promulgó (ni loco) pero Congreso lo ha hecho por insistencia.
Are unconstitutional.
Our vemos in el TC

Rosa María Palacios (@rmapalacios) March 29, 2020

Peruvians are divided

Within the population, opinions on the use of force in the event of a crisis are divided. Since the state of emergency was introduced two weeks ago, 26,000 people have already been arrested.

Voices were raised, especially on social networks to denounce abuses on the part of the police. A video was particularly relayed: one sees a soldier slapping a teenager there several times, just because he was outside during the curfew. This video drew much criticism, the soldier in question was suspended.

But this decision in turn sparked support for the military this time. On social networks, a hashtag has even been created to demand his rehabilitation, invoking the state of emergency.

In Peru, as elsewhere, the exceptional measures put in place to deal with the coronavirus epidemic are causing debate and some are wondering about their consequences for democratic life, once the crisis is over.

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  • Peru
  • Coronavirus
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