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The Situation of Justice Operators in Peru
The Due Process Foundation (DPLF), the Instituto de Defensa Legal (IDL), and the Center for Justice and International Law (CEJIL) are organizations dedicated to promoting and defending human rights in Latin America. In light of the current crisis faced by justice operators in Peru, we present a report within the framework of the fourth cycle of the Universal Periodic Review carried out by the United Nations Human Rights Council, which documents the situation of justice operators in Peru and the consequences of their lack of recognition as human rights defenders.
Our report highlights the invisibility of the risks faced by justice operators in Peru. In recent years and even today, the country has gone through several democratic and institutional crises, which have affected justice operators. In a context where significant challenges remain in the election of the people who make up the judiciary, judges and prosecutors face increasing aggressions, intimidation, and threats related to the exercise of their functions. In the face of this, the responses of the Peruvian State are insufficient do not recognize the fundamental role that justice operators have in a democratic society as defenders.
Although States have made recommendations to Peru on its National Development Plan, to date, there are no specific recommendations on the role of justice operators in a democratic society, the special protection they should be afforded, and the need for adequate institutional environments that allow them to carry out their work autonomously, independently, and free from external and internal pressures.
In the report, we ask the States to make the following recommendations to the Peruvian State:
1
Under its international obligations, to adopt regulations on the promotion and protection of human rights defenders.
2
Recognize that justice operators are human rights defenders who carry out fundamental activities in a democratic society.
3
Include in the mechanisms for the protection and comprehensive attention to justice operators who are threatened, harassed, intimidated, or aggrieved for exercising their activities as justice administrators.
4
Guarantee judicial and prosecutorial independence and provide safe and appropriate environments for transparent and impartial investigations and judicial decisions, free from external and internal pressures.
5
Adopt concrete measures to prosecute and bring to justice the perpetrators and perpetrators of violent acts perpetrated against justice operators through the timely, thorough, differential, and impartial investigations.
6
Guarantee justice operators, as well as all defenders, access to their risk analysis.
7
Establish transparent, public, merit-based, and participatory procedures for the selection, appointment, and transfer of justice operators, especially in processes involving high-level authorities of the justice system and with the participation of political bodies.
Joint Report on the Situation of Justice Operators:
