Dina Boluarte, president of the Republic, He informed his ministerial cabinet of his decision to waive his presidential immunity. This step arose in response to the presentation of a constitutional complaint before the Congress of the Republic by the Attorney General, Patricia Benavides, as reported by the Minister of Justice and Human Rights, Eduardo Arana Ysa.
“The President showed, he introduced to us in the Council of Ministers and to the public, that he rejected that immunity in order to be able to face the complaint fairly. He was not afraid that it would effectively show that he had no criminal responsibility for the events that happened”, declared Exitosa.
However, this statement was denied by Boluarte’s lawyer, Joseph Campos, who argued that presidential immunity is linked to the presidential position and cannot be ignored. “Immunity belongs to the function of the presidency, it does not belong to the person of Dina Boluarte,” he revealed in the same medium.
Can Dina Boluarte waive her immunity?
The Republic spoke to the constitutionalist Erick Urbina, who explained that the presidential immunity is considered in the Constitution, especially in article 117, as an important characteristic for the president of the Republic and his ministerial cabinet.
“The president cannot lose his immunity; in any case, he can talk about it as a political act, but it has no legal value. accused by the constitution of treason, dissolution of the Parliament, leaving the national territory without permission from Congress or obstructing the functioning of electoral bodies. However, a complaint cannot be filed for deaths that occurred in protests, according to the Constitution,” he explained.
They presented a constitutional complaint against Dina Boluarte
Within the framework of the press conference to respond to his alleged leadership of a criminal network from the top of the Public Ministry, the prosecutor of the Nation, Patricia Benavides filed a constitutional complaint against the President of the Republic, Dina Boluarte, and his head of the Presidency of the Council of Ministers, Alberto Otárola, for the deaths recorded, between December 2022 and March 2023, during the social protest.
The complaint also includes his former ministers César Cervantes, Vicente Romero and Víctor Rojas. The indictment accuses them of the alleged crime of qualified homicide that harms Víctor Santisteban and others. Also the illegal act of serious damages to Renato Sebastián Murillo and others. On the other hand, the preparatory investigation against the alleged perpetrators is formal.
It is appropriate that the next session of Subcommittee on Constitutional Accusations (SAC) of the Congress of the Republic knew of filing a constitutional complaint against the head of State. After that, its acceptability must be determined—if it is not given priority—at the next meeting through a vote.