Saturday, June 21, 2014

Constitutional Court of Peru hearing on constitutionality of new legislation

Brig. Gen. (ret) Juan Pablo Ramos, head of the Peruvian Military Police Force, on Friday defended the recent amendments to the Military Police Criminal Code in a hearing before the Constitutional Court of Peru. The Peruvian News Agency reports (rough translation):
"The public can fully trust the new military court because this entity has adapted its rules to the Constitution of Peru and international standards," he said at a hearing before the Constitutional Court (TC), which is considering a lawsuit challenging several articles of the new Military Police Criminal Code and related so-called "law of use of force" standards. . . .
"Military justice seeks to enforce its sphere of action, which includes investigating and prosecuting soldiers and police who commit service related offenses and has nothing to do with the criminalization of citizen protests," he said. . . .
He also said that the Inter-American Court of Human Rights has indicated in several cases that service related offenses has various aspects, such as stealing weapons and gasoline intended for patrol and security.
He said these cases in the civil courts would be treated like simple theft; however, the military courts have drastic sanctions are not limited to money, but take into account the serious injury to defense and public safety.
Ramos called on the TC to address that demand, taking into account the history of the American Court of Human Rights and the new international jurisprudence in cases decided in Canada, Colombia and Mexico.
With regard to the rules of international humanitarian law of war or the law of war, the new Military Police Criminal Code makes it clear that the military criminal court does not seek to take all cases, but only those that are related to the role of the Armed Forces and National Police.
Finally, he noted that the public can fully trust the new police military justice because, in addition to a modern code and internal rules of transparency and efficiency, its ranks include both judges and professional prosecutors.
Click here for video of an interview General Ramos gave in 2013 (Spanish language).

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