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Wednesday, November 6, 2024

Line of duty and military court jurisdiction

Pres. Dina Boluarte
Should military courts have jurisdiction when military or police personnel shoot a civilian? Peru is facing that issue right now. Consider this Associated Press report. There's pushback (excerpt):

Some analysts have warned that the president's proposal would be unconstitutional.

Criminal lawyer Roberto Pereira said on his X account, formerly Twitter, that the military-police justice system “lacks constitutional jurisdiction to judge crimes that affect the life and integrity of people... there is consolidated jurisprudence from the Constitutional Court and the Supreme Court in this regard.”

Carlos Rivera, a human rights activist lawyer, stated on his social networks that “judging common crimes in the military-police jurisdiction is unconstitutional. Homicide and injuries are common crimes and must be tried and punished by the Judiciary. They are not crimes of military or police function.”

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