Geneva, 2 November, 2023.-A UN expert today expressed grave concern at the prospect of the removal of members of the National Board of Justice (JNJ) by the Peruvian Congress.
“The right to a fair trial requires an impartial judge. In Peru, this impartiality is closely linked to the free and independent functioning of the National Board of Justice,” said Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers.
The JNJ plays the role of a judicial council, which are essential bodies to ensure judicial independence and separation of powers, Satterthwaite said. The Peruvian Congress is reportedly considering a report, that is itself the product of a summary proceeding, and recommends the removal of members of the JNJ for “serious cause”.
“I note with concern that the information I have received indicates “serious cause” is not codified in any national law, so its application could lend itself to various potentially arbitrary interpretations,” the Special Rapporteur said. The members of the JNJ have filed an amparo action related to this procedure that has been admitted and is being processed in the judiciary.
The expert noted that a parallel process is also advancing, in a congressional subcommittee, regarding one of four different constitutional accusations presented by Parliamentarians seeking the suspension of JNJ members. The provision of constitutional accusation grants the Congress the authority to investigate, adjudicate, and impose sanctions, including suspension, dismissal, and disqualification for up to 10 years, on high-ranking state officials for “constitutional violations”.
“It’s important to note that neither the law nor the Constitution specifically outline the punishable behaviours and their corresponding consequences,” she said.
“I am concerned about the series of actions undertaken that, separately and in combination, appear to be aimed at undermining the independent functioning of the JNJ and thus the independence of the judiciary in the country,” Satterthwaite said. “Pressure on high-level officials through constitutional accusations, as well as the alleged attempts to remove members of the JNJ, may amount to an interference in the independence of this important institution.”
The Special Rapporteur has been in contact with the Government of Peru regarding these allegations.