National election jury rejects Constitutional Court ruling allowing Congress to impeach its president

He National Election Jury (JNE) issued a statement to reject the recent decision of the constitutional Court who ordered the Congress of the Republic which amends Article 99 of the Constitution to include the authorities of the electoral system, such as the National Office for Electoral Processes (ONPE) and the National register of identification and civil status (Reniec), be subject to political control.

“We consider that it is contrary to the principles which support a constitutional and democratic State of law, particularly with regard to the separation of powers, independence, autonomy and impartiality, that a body whose nature and composition is eminently such as the Congress of the Republic, has the competence to exercise control over the decisions made by the jurisdictional and electoral bodies such as the JNE”, he indicates at the beginning of the document.

In this line, the ETC considered that the political control mechanism “is more serious” because the institution is the one that announces the final results of the elections both general, regional and municipal. In addition, it resolves controversies that arise between registered political organizations.

“For this reason, that political authorities such as members of Congress can sanction the electoral authorities based on a political and not a legal assessment, is at the very least dangerous for the democracy and the institutions of the country, since they would have the power to sanction those who exercise jurisdiction in cases where their political interests are directly linked.

At another point, the JNE mentioned that it is “incorrect” that the non-inclusion of the members of the tribunal so that they are subjected to a Accused speak Parliament This does not mean that impunity is promoted or that there is no control. “Its decisions can be challenged before the constitutional court and the possibility of summoning its members to criminal proceedings is maintained in the event that the alleged commission of crimes in the exercise of their functions is found,” he noted.

The institution recalled that the members of the JNE who come from Supreme Court and the pursuit may be subject to disciplinary proceedings before the National Council of Justice (JNJ).

Finally, the JNE also highlighted the statement issued by the Mediator who challenged the TC’s interpretation that weakens electoral institutions by exposing them to political trials by the Parliament.

It should be noted that Jorge Luis Salas Arenas, head of the JNE, had already ruled on the decision of the TC. “He who works according to the law is not afraid,” he said after taking part in the swearing in of the head of the Special Electoral Jury of Lima, Maria de los Angeles Alvarez.

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.

The head of the JNE mentioned that there is confusion between what is impeachment and impeachment.

The Association of Judges for Justice and Democracy (Justdem) commented on the controversial ruling by the Constitutional Court.

“Since this is linked to the defense of individual rights and directly affects a function constitutionally devolved to the Judges of the Republicas members of a state power which, within the framework of democratic organizational design, has a fundamental role of control over the exercise of power Through the system of checks and balances that guarantees the checks and balances, we demand the publication of the full text of the aforementioned statement,” the entity said in a statement.