Peru dispatch: anti-crime state of emergency declared in three districts does not give the army and police unlimited powers


Peruvian students of law from the Facultad de derecho and Ciencias Politicas at Universidad Nacional de San Antonio Abad del Cusco report for JURIST about law-related issues in Peru. They are all from CIED, the student research center at UNSAA’s Faculty of Law. It is dedicated to spreading information about law and improving the legal culture by studying and researching, promoting critical debate and contributing to the development in the country. Liliana Rivera Chillca, a UNSAAC law student and a CIED member, is a dispatcher from Cusco. She sends this dispatch from Cusco. The decision was taken due to the uncontrollable insecurity of citizens in these districts, and the increase in crime and organized criminality. This made it necessary to have greater state control over the country’s internal order. This decision was influenced by the September 15 grenade blast in San Juan de Lurigancho that injured 15 people, including minors. The mayors of districts in Peru demanded this measure to ensure citizen safety, but in recent years the Armed Forces of Peru and the National Police of Peru lost the trust of Peruvian citizens. Due to the alleged abuse of power during protests

which resulted in several tragic deaths. This measure could also lead to uncertainty regarding the actions of internal control institutions. This is because the Constitutional Court of Peru has determined that this extraordinary regime

requires the declaration of a state of emergencies. The State of Emergency is not a state where the Armed Forces of Peru and National Police have complete control over the internal order of Peru. It is better to understand it as a measure which, while giving greater powers to these institutions, limits their use of force in order to protect the constitutional order. It is important to ensure that the internal order of a country can be effectively maintained without abuse of power and excessive use of violence. The Executive Branch should also take care of this, as the Peruvian people no longer trust our internal control institutions during a state-of-emergency. It is important to remember that a state of emergencies does not give the Armed Forces and National Police of Peru absolute power or authority. It is important that the state intervenes in the supervision of these powers and avoids any abuse of power. In this way, it is also necessary for the State to intervene in the supervision of these powers and avoid any situation of abuse of power.Opinions expressed in JURIST Dispatches are solely those of our correspondents in the field and do not necessarily reflect the views of JURIST’s editors, staff, donors or the University of Pittsburgh.