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Peru’s Congress is facing criticism for eroding judicial independence and reducing the judiciary’s ability to combat organized crime. On Tuesday, Human Rights Watch (HRW) released a report titled “Congress in Cahoots: How Peru’s Legislature Is Allowing Organized Crime to Thrive.” The report highlights legislative actions that weaken judicial independence, restrict prosecutorial tools, and retroactively legalize activities such as unauthorized gold mining.
In the midst of increased violence and record-high homicides and extortion, HRW’s findings detail how specific laws have been enacted that curb prosecutors’ abilities to employ effective collaboration, akin to plea bargaining, and tighten the legal definition of organized crime, complicating efforts to investigate and prosecute crime significantly.
Law No. 31990 restricts the use of “efficient collaboration” by prosecutors. This mechanism is crucial for tracing and dismantling criminal networks. Meanwhile, Law No. 32108 narrows the recognized legal scope of organized crime, excluding numerous cases from more severe legal processes. Furthermore, Law No. 31751 reduces the statute of limitations for corruption offenses, raising the danger of impunity for serious crimes.
HRW raises concern that these legislative changes serve a self-preserving agenda for a Congress, where over half of its members are under criminal investigation. This situation erodes judicial independence and facilitates a supportive environment for organized crime to proliferate. According to Juanita Goebertus, Americas director at HRW, this undermines the rule of law and increases the exposure of millions of Peruvians to organized crime threats.
Goebertus warns that both Congress and President Dina Boluarte’s current administration must take urgent measures to reverse these trends. Strengthening judicial and investigative institutions is essential to counter the rising influence of criminal organizations and to protect the rights of Peruvian citizens.
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