Información Inglés
THE ROLE OF MILITARY AND POLICE JUSTICE IN PERU
As the president of the Military and Police Supreme Court, I take it as my charge to preserve the validity of this well, establish system of justice in order to maintain the moral quality and good order of our armed and police forces.
Peru is a country that moves forward positively in strengthening its institutions, in the search of the establishment of democracy, in its full aspiration as a nation. Peru is a Nation which foundations are based on security provided by its institutions and laws, within an order that surpasses defects and inequalities, leading us to better opportunities for the future.
In this regard, the Armed and Police Forces have a higher responsibility as the practice of their duties demands the performance of a code of conduct and discipline that are different, exceptional and countless in some demanding cases than the one officials or citizens in general must accomplish, as the latter do not use weapons or exert any kind of force on behalf of the law.
We are a country that must face the permanent expression of political violence and drug-trafficking that survives in the most distant communities, fighting at the same time crime and focus of social chaos in cities and its outskirts, such as the recent case of Pómac, with tragic results. Our law enforcement agencies, to which we demand performance and extreme sacrifice, must have the support of law not only to sanction their faults but also for legal protection and their right to a fair, clear and legitimate proceedings.
This is why the Peruvian Constitution categorically establishes the existence of the military jurisdiction as a different and external jurisdiction apart from the regular jurisdiction. The appointment of Military Court members is made according to law (D.L. Nº 29182) as a prerogative of the President of the Republic acting as the highest authority of the Armed and Police Forces.
The rule in Section 173º establishes the validity of the military code for cases of offenses in the course of duty, so that military and police personal who break the law are prosecuted in appropriate jurisdiction with the corresponding severity, but under the guarantees of due process.
This is the context in which acts the Military and Police Supreme Court, a body with historical part of the institutionalism of the armed and police forces in Peru. This is not an inflexible institution, as any specialized body it is capable to evolve in the direction established by the State laws and international commitments, particularly in terms of Human Rights.
However, during the past years, there was a repercussion of ideas intending to make the military jurisdiction disappear or to include its jurisdiction into the civil jurisdiction. With excessive questionings and complaints, usually without evidence, there is an intention to damage the military jurisdiction, in an effort that brings as a consequence the demoralization of both armed and police forces, affecting their members' discipline.
As the president of the Military and Police Supreme Court, I take it as my charge to preserve the validity of this well, establish system of justice in order to maintain the moral quality and good order of our armed and police forces.
Article issued on the newspaper "Diario EXPRESO"
January 29, 2009.
