The president of the judiciary, a href="https://www.infobae.com/tag/elvia-barrios/" rel="noopener noreferrer" target="_blank"bElvia Barrios, spoke on the proposal to implement the death penalty for juvenile rapists in the Peru. He recalled that the country is subject to the American Convention on Human Rights and noted that it would be against implementing this measure.
It is recalled that this proposal was recently discussed, following the case of the rape of the 3-year-old girl in Chiclayo. Many of the people who came out to protest demanded both the death penalty and life imprisonment and chemical castration, which is a proposal that has been adopted by the Executive Branch and will be discussed in this Council of Ministers.
Regarding the death penalty, the president of the PJ recalled that Peru has signed the San José Pact and is subject to the American Convention on Human Rights, which states that this measure will not be implemented in our country's judicial system.
Regarding chemical castration and, although he did not give his personal position explicitly, he did emphasize that it should be analyzed: “I have a very particular opinion there, but in any case after the debate that he had said as appropriate. We live in a civilized country.”
WHAT DOES THE COVENANT OF SAINT JOSEPH SAY ABOUT THE DEATH PENALTY?
This is an international treaty that provides for rights and freedoms that must be respected by States parties. The countries involved must respect the articles that make up this document, and Article 4 mentions the penalty:
- 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.
PRESIDENT OF THE PJ INSISTS ON CONVENING A COUNCIL OF STATE
Judge Barrios also insisted that the President of the Republic, Pedro Castillo, should convene a session of the Council of State, due to the political crisis in the country and the social conflicts that have been fueled in recent weeks. He stated that he sent 2 letters to the president; however, he would not have received a reply.
“None of the constitutional organs or powers of the State can have their backs to a reality that we have, and that is that we are in a serious crisis of institutions, and the only way is for those of us who are in charge of the powers and constitutional bodies, to find formulas to articulate, propose and solve those problems ”, he said.
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