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Peru

Executive Summary

Peru is a constitutional, multiparty republic. President Martin Vizcarra assumed the presidency in 2018 following the resignation of then president Pedro Pablo Kuczynski, under whom Vizcarra was vice president, on corruption allegations. Kuczynski had won the 2016 national elections in a vote widely considered free and fair. Using a provision of the constitution, President Vizcarra dissolved Congress in September 2019 and called for new legislative elections. Free and fair legislative elections took place on January 26 to complete the 2016-21 legislative term, as mandated by the constitution. On November 9, Congress impeached President Vizcarra for alleged corruption, under the “permanent moral incapacity” clause of the constitution. President of Congress Manuel Merino assumed the presidency on November 10 due to the lack of vice presidents but resigned on November 15 following a week of widespread protests. Congress then elected Francisco Sagasti as its new president on November 16, and he consequently became president of the republic.

The Peruvian National Police, who report to the Ministry of Interior, maintain internal security. The armed forces, reporting to the Ministry of Defense, are responsible for external security but also have some domestic security responsibilities in exceptional circumstances, such as the COVID-19 national state of emergency declared in March, and in designated emergency areas. Civilian authorities maintained effective control over the security forces. Members of the security forces were accused of committing abuses during protests this year, particularly during November 10-15 protests following the impeachment of former president Vizcarra.

Significant human rights issues included: arbitrary detentions (including of minors); serious government corruption at all levels, including in the judiciary; and sex and labor trafficking.

The government took steps to investigate and in some cases prosecute or otherwise punish public officials accused of abuses, including high-level officials. Nonetheless, corruption and perception of impunity remained prevalent and were a major concern in public opinion. President Sagasti publicly committed to support the investigation and prosecution of those responsible for abuses during the November 10-15 protests. The Public Ministry, which is the autonomous public prosecutor’s office, and the Inter-American Commission on Human Rights are also assessing the events of November 10-15.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention. Following the November 9 protests and change in government, citizens, domestic and international organizations, and members of Congress expressed concern that police did not follow lawful arrest and detention procedures during widespread political protests. The government constitutionally suspended the right to freedom from arrest without warrant in designated emergency zones and during the national state of emergency for COVID-19.

Arrest Procedures and Treatment of Detainees

The law requires a written judicial warrant based on sufficient evidence for an arrest unless authorities apprehended the alleged perpetrator of a crime in the act. Only judges may authorize detentions. The press, national and international organizations such as the IACHR, the Ombudsman’s Office, members of Congress, and citizens alleged police did not respect these procedures during the November 10-15 protests.

The government constitutionally suspended the right to freedom from arrest without warrant during the national state of emergency declared on March 16 to fight the spread of COVID-19. In March and April, 55,000 persons were arrested for not complying with curfews, social isolation, and other measures to fight the pandemic. The PNP detained offenders and charged significant fines.

Authorities are required to arraign arrested persons within 24 hours, except in cases of suspected terrorism, drug trafficking, or espionage, for which arraignment must take place within 15 days. In remote areas arraignment must take place as soon as practicable. Military authorities must turn over persons they detain to police within 24 hours. Police must file a report with the Public Ministry within 24 hours of an arrest. The Public Ministry in turn must issue its own assessment of the legality of the police action in the arrest; authorities respected this requirement.

The law permits detainees to have access to family members and a lawyer of their choice. Police may detain suspected terrorists incommunicado for 10 days.

Arbitrary Arrest: There were reports of unlawful detentions by police forces, including plainclothes officers, during November 10-15 that allegedly led to the temporary disappearances of dozens of citizens who protested during this period. Some protesters alleged they were held for up to 72 hours. As of December the government was investigating these allegations.

Pretrial Detention: Lengthy pretrial detention remained a problem. According to an April report by INPE, 37 percent of prisoners were being held under pretrial detention. The length of pretrial detention occasionally equaled but did not exceed the maximum sentence of the alleged crime. Delays were due mainly to judicial inefficiency, corruption, and staff shortages. In accordance with the law, courts released prisoners held more than nine months (up to 36 months in complex cases) whom the justice system had not tried and sentenced. The courts factored pretrial detention into final sentences.

Official guidelines stipulate an accused individual must meet three conditions to receive pretrial detention: there should be reasonable evidence that the subject committed the crime; the penalty for the crime must be greater than a four-year prison sentence; and the subject is a flight risk or could obstruct the justice process through undue influence over key actors, including through coercion, corruption, or intimidation. The Constitutional Tribunal may consider the guidelines for current cases of pretrial detention as they deliberate habeas corpus requests. In March, Congress approved legislation that prevents the use of pretrial detention on police officers who kill or injure “while complying with their duties.”

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary. Some NGO representatives and other advocates alleged the judiciary did not always operate independently, was not consistently impartial, and was sometimes subject to political influence and corruption. Authorities generally respected court orders from the judiciary.

Following a 2018 influence-peddling scandal involving judges and politicians, then president Vizcarra implemented measures to address judicial corruption, including replacing the National Council of Magistrates with a reformed version called the National Board of Justice. The National Council of Magistrates, the body in charge of selecting, evaluating, and punishing judges and prosecutors, was at the heart of the corruption scandal. The new National Board of Justice took office in January. It maintains the same responsibilities as the council but selects its members through a competitive public application process.

Trial Procedures

The law provides for the right to a fair and public trial, and the judiciary generally enforced this right, although reports of corruption in the judicial system were common. The government continued the implementation, begun in 2006, of the transition from an inquisitorial to an accusatory legal system and the application of a new criminal procedure code to streamline the penal process. As of September the government had introduced the code in 32 of the 34 judicial districts. Implementation in the two largest judicial districts, Lima Center and Lima South, remained pending.

The law presumes all defendants are innocent. The government must promptly inform defendants in detail of the charges against them and provide defendants a trial without undue delay. Defendants have the right to be present at their trial and to communicate with an attorney of their choice or have one provided at public expense. State-provided attorneys, however, often had poor training and excessive caseloads. Although the law grants citizens the right to a trial in their own language, interpretation and translation services for non-Spanish speakers were not always available. This deficiency primarily affected speakers of indigenous Andean and Amazonian languages.

The law provides that all defendants have the right to adequate time and facilities to prepare their defense. Defendants have the right to confront adverse witnesses and present their own witnesses and evidence. The government cannot compel defendants to testify or confess to a crime. Defendants may appeal verdicts to a higher court and ultimately to the Supreme Court. The Constitutional Tribunal may rule on cases involving the constitutionality of laws and issues such as habeas corpus.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees during the year.

Civil Judicial Procedures and Remedies

Citizens may seek civil remedies for human rights violations, but court cases often take years to resolve. Press reports, NGOs, and other sources alleged that persons outside the judiciary frequently corrupted or influenced judges.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. There were numerous reports of corruption by government officials during the year. Citizens continued to view corruption as a pervasive problem in all branches of national, regional, and local governments.

Corruption: Several high-profile political figures remained under investigation for corruption, particularly in relation to the well publicized Odebrecht corruption scandal.

Authorities transferred two-time presidential runner-up Keiko Fujimori from preventive detention to house arrest in May during the COVID-19 pandemic, while they continued investigating her for obstruction of justice and money laundering of campaign donations.

There were widespread allegations of corruption in public procurement and in public-private partnerships. Large transportation and energy infrastructure contracts frequently generated high-ranking political interference and corruption, including by former presidents and regional governors. Companies also reported midlevel government officials skewed tender specifications to favor bidders that paid bribes.

There was evidence of widespread corruption in the judicial system. Prosecutors continued an investigation launched following 2018 media reports on a judicial scandal involving allegations of influence peddling and graft by judges at all levels. Corruption was frequent at all levels of the PNP.

Financial Disclosure: Elected public officials and high-level appointed officials must submit personal financial information to the Office of the Comptroller General prior to taking office and periodically thereafter. The comptroller monitors and verifies disclosures, but the law was not strongly enforced. Administrative punishments for noncompliance may include suspension between 30 days and one year, a ban on signing government contracts, and a ban on holding government office. The comptroller makes disclosures available to the public.

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