What is the San José Pact and what does it say about the death penalty in Peru

The violence that our country is experiencing continues to leave consequences on society. In recent days, the population has been disturbed after the case of abduction and rape of a 3-year-old girl in Chiclayo was announced. This reproachable fact by Peruvians led to the organization of mobilizations to demand justice for the case of the girl Damaris. In the midst of investigations and the first actions of the authorities against Juan Antonio Enríquez García, a confessed abuser, the debate on the death penalty has aroused, a practice that is not accepted in Peru, but why?

The context of the current situation in Peru is related to the American Convention on Human Rights, known as the San José Pact. This is a measure that seeks to protect and defend the rights of people, without distinction.

WHAT IS THE COVENANT OF SAINT JOSEPH?

It is an international treaty that provides for rights and freedoms that must be respected by States parties. The nations that are parties recognize the attributes of the human person, which is why they justify international protection, of a conventional, coadjuvant or complementary nature.

The countries involved, including Peru, undertake to respect the rights and freedoms recognized in the convention, and to guarantee their free and full exercise to all persons subject to their jurisdiction. It is specified that these actions must be safeguarded and respected “without discrimination whatsoever on the grounds of race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or any other social status”.

Important fact: this agreement was signed by the vast majority of Latin American countries, and the only one that is not part of it is Venezuela.

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THE DEATH PENALTY IN PERU

Since our country maintains an official bond that values the San José Pact, the State must respect the articles that make up this official document that was first registered in 1969. Here is what is said about the death penalty in Article 4 (Right to life) and why it cannot be applied:

- In countries that have not abolished the death penalty, it may only be imposed for the most serious crimes, pursuant to an enforceable judgment of the competent court and in accordance with a law establishing such a penalty, pronounced prior to the commission of the offence. Nor will its application be extended to crimes to which it is not currently applied.

- The death penalty shall not be reinstated in States that have abolished it

- Under no circumstances can the death penalty be applied for political or common crimes related to politicians.

- The death penalty shall not be imposed on persons who, at the time of commission of the offence, were less than eighteen years of age or over seventy, nor shall it be applied to pregnant women.

- Every person sentenced to death has the right to request amnesty, pardon or commutation of sentence, which may be granted in all cases. The death penalty cannot be applied while the application is pending before the competent authority.

The case continues: Pedro Castillo demands that the PJ apply “the greatest weight of the law” to a subject who raped a minor under the age of 3

CURRENT ACTIONS

By 2020, the Union for Peru bank presented a bill for Peru to abandon the American Convention on Human Rights. One of the main intentions was related to the application of this maximum punishment to “juvenile rapists, femicides and high corruption”. Although this was an official request, the only person authorized to pronounce the withdrawal of this agreement is the president, a position currently held by Pedro Castillo.

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