After the controversial decision of constitutional Court which provides that the heads of electoral bodies such as the National Election Jury (JNE)there National Office for Electoral Processes (ONPE) and the National register of identification and civil status (Reniec) be included by the Congress of the Republic in the section 99 of the Constitution so that they can be impeached, the current leader of the JNE spoke.
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The former president of this body severely criticized the decisions taken by the current tribunes.
“He who works according to the law is not afraid,” said the magistrate Jorge Luis Salas Arenas after participating in the swearing in of the head of the Special Electoral Jury of Lima, Maria de los Angeles Alvarez, who will play the role in this year’s complementary municipal elections. He remembered that the Inter-American Commission on Human Rights (IACHR) ruled in 2013 that it was not in line with international standards to subject judges to impeachment under parliamentary jurisdiction.
According to Salas Arenas, if a member of the electoral system faces a political process, because then everything would be contrary to the guarantees of independence and impartiality which must be observed in disciplinary proceedings, in accordance with international law. “There is a difficult moment, in which certain political actors and the media persist in urging Congress,” he stressed.
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The head of the JNE mentioned that there is confusion between what is impeachment and impeachment.
As it is public, the TC communicated that “by a majority of five votes, urges the Congress of the Republic to reform article 99 of the Political Constitution, as well as to reform its regulations, to incorporate the members of the JNE, the head of the ONPE and the boss of Reniec”.
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As recalled, the Plenary Assembly of the Constitutional Court issued a precautionary measure in favor of the Congress, while the allegation of conflict of competence against the Executive for the interpretation of the question of confidence is being decided.
Currently, the aforementioned Magna Carta article says the following: “To accuse before Parliament: the President of the Republic, the representatives of Congress, the Ministers of State, the members of the Constitutional Court; members of the National Council of the Judiciary (now National Council of Justice), members of the Supreme Court, Supreme Prosecutors, the Ombudsman and the Comptroller General, for violation of the Constitution and for any crime committed in the l exercise of their functions and up to five years after they have ceased to exercise it.
This function would correspond to the Standing committeewhere it is made up of representatives of board of directorsthe spokespersons and members of the various parliamentary formations.