Jorge Montoya calls for Peru to withdraw from the IACHR: what implications would it bring if this decision is adopted

Jorge Montoya spoke upon learning about the position of the Inter-American Commission on Human Rights. The parliamentarian and spokesman for Acción Popular, requested that Peru withdraw from this body, after being against the pardon of former President Alberto Fujimori.

“Many years ago, the IACHR has become supporters of those who actually commit human rights abuses and excesses. That is why they are trying to establish a contrary position against those who fought against desolate terrorism head-on. It is imminent that we consider withdrawing from a body that only does is defend the real culprits,” the parliamentarian wrote on his Twitter account.

To understand what implications it would bring for our country to stop being part of this body, we will begin by defining what the IACHR is.

WHAT IS THE INTERNATIONAL COMMISSION ON HUMAN RIGHTS?

The Inter-American Commission on Human Rights (IACHR) is one of two entities of the inter-American system for the protection and promotion of human rights in the Americas. It is based in Washington, D.C.

The other body is the Inter-American Court of Human Rights, based in San José, Costa Rica. The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights, and which acts on behalf of all OAS member countries.

It is composed of seven independent members who serve in a personal capacity, who do not represent any particular country and who are elected by the General Assembly.

WHAT IMPLICATIONS WOULD IT HAVE IF OUR COUNTRY CEASES TO BE PART OF THE IACHR?

The Inter-American Commission on Human Rights has the main function of promoting the observance and defense of human rights and, in the exercise of its mandate, it receives, analyzes and investigates individual petitions alleging violations of human rights, as provided for in Articles 44 to 51 of the Convention.

In addition, it observes the general observance of human rights in the Member States and, when it considers it appropriate, publishes special reports on the situation in a particular state. It conducts on-site visits to countries to deepen the general observation of the situation, and/or to investigate a particular situation. Generally, such visits result in the preparation of a respective report, which is published and forwarded to the General Assembly.

It stimulates awareness of human rights in the countries of America. To this end, it conducts and publishes studies on specific topics. For example: measures to ensure greater independence of the judiciary, activities of irregular armed groups, the human rights situation of minors, women and indigenous peoples.

It makes recommendations to the member states of the OAS on the adoption of measures to contribute to the promotion and guarantee of human rights. It suggests that States take specific “precautionary measures” to prevent serious and irreparable harm to human rights in urgent cases. It may also request that the Inter-American Court require “provisional measures” from Governments in urgent cases of danger to persons, even if the case has not yet been submitted to the Court.

That is why if our country withdraws itself from the IACHR, it renounces these measures and functions of this body.

WHAT DID THE IACHR SAY TO MAKE MONTOYA ASK PERU TO LEAVE THIS BODY?

The Inter-American Commission on Human Rights (IACHR) ruled on the decision of the Constitutional Court (TC) to annul the Supreme Court's ruling that canceled the pardon for former dictator Alberto Fujimori.

Through its social networks, the IACHR noted that this ruling “affects the right to justice” of the victims of the Barrios Altos and La Cantuta massacres. In addition, he specified that this resolution of the TC goes against compliance with international obligations issued by the Inter-American Court of Human Rights.”

“The Inter-American Commission on Human Rights expresses its deep concern over the decision of the Constitutional Court ordering the release of Alberto Fujimori. It affects the victims' right to justice and hinders compliance with international obligations of the Inter-American Court of Human Rights in the Cantuta and Barrios Altos cases,” a message posted on the IACHR Twitter account reads.

KEEP READING