After the emphatic report of the Inter-American Commission on Human Rights (IACHR) which concludes that there was “serious violations of human rights” During the social protests of December 2022 and January of this year, the President of the Republic, Dina Boluartehas tried to evade any political and criminal responsibility.
Along these lines, the president has placed all the blame on the Armed forces and the National Police of Peru (PNP) of the more than 50 deaths. “Neither the ministers nor the president have command to decide on the protocols that the Armed Forces or the National Police have,” said Boluarte Zegarra in an interview published today in the newspaper Trade.
In relation to the response provided, the president added that “they (FF.AA. and PNP) have their own law but also their own protocols who obey their commands we do not have a command I can be the supreme head of the armed forces but I have no command, the protocols are decided by them”.
“We as the Executive have taken appropriate measures, there have been changes in commands in the area, we have changed interior ministers, for example,” Boluarte emphasized.
However, the statements of President Boluarte clearly contradict what the Political Constitution of Peru.
It is known that the article 117 notes that “The President of the Republic is the Supreme Chief of the Armed Forces and the National Police”and that therefore these institutions are not deliberative according to the article 169 because they are “subordinate to the constitutional power.”
These two points are complemented by the articles 118 and 164 that clearly establish political responsibilities.
Article 118: Attributions and obligations of the President of the Republic 4. To watch over the internal order and external security of the Republic. 14. Preside over the National Defense System; and to organize, distribute and provide for the employment of the Armed Forces and the National Police. 15. Adopt the necessary measures to defend the Republic, the integrity of the territory and the sovereignty of the State.
Article 164: Direction, preparation and exercise of the National Defense System. The direction, preparation and exercise of National Defense are carried out through a system whose organization and functions are determined by law. The President of the Republic directs the National Defense System.
In interview with newspaper El ComercioPresident Dina Boluarte reiterated that she will continue in the Casa de Pizarro until July 28, 2026. “We are going to govern as mandated by the Constitution”, he expressed, thus denying any rumor of resignation.
The president stressed that, during the 2021 elections, they voted for presidential formula (Pedro Castillo as president and she as vice president) which must continue for the period for which he was elected. “We are going to be respectful and obedient to the constitutional mandate. We are not working thinking about the date ”, he pointed out.
