Lawmakers from Juntos por el Perú propose amnesty for Pedro Castillo and those prosecuted for protests following the 2022 coup d'état

The Juntos por el Perú caucus presented a bill to the Chamber of Deputies that could benefit former president Pedro Castillo and other individuals under investigation, prosecution, or conviction for events linked to the political and social crisis that began in 2021. The initiative covers the message of December 7, 2022, as well as cases derived from protests and mobilizations. The text was promoted by Congresswoman Catherin Palomino Casavilca and proposes that the benefit apply to events occurring from July 28, 2021, until the day before a potential law comes into effect. The proposal includes cases in preliminary proceedings, preparatory investigations, trials, appeals, and the execution of sentences. According to the legal formula, the amnesty would extinguish criminal action and penalties, including security measures and accessory sanctions. It could also void arrest warrants, preventive detention, apprehension orders, and police, judicial, and criminal records derived from the included events. The proposal seeks to amnesty events linked to the political crisis since 2021 The initiative claims its purpose is to contribute to pacification and reconciliation in the face of the political and social crisis that intensified with the events of December 7, 2022, and subsequent mobilizations in the country. The document states that it seeks to prevent the use of criminal law against the exercise of rights such as peaceful assembly, freedom of expression, and political participation. To this end, it cites provisions of the Constitution, the International Covenant on Civil and Political Rights, and the American Convention on Human Rights. The bill specifies that the amnesty would be granted for events and not for specific individuals. Therefore, it could reach any involved party whose conduct fits the provided criteria, regardless of their position, function, or procedural status. Additionally, the measure would not constitute a ruling on the criminal responsibility of the beneficiaries nor eliminate their right to the presumption of innocence. Those who prefer the justice system to resolve the merits of their cases could expressly waive the benefit before the competent authority issues a decision. Juntos por el Perú project proposes amnesty that would reach Pedro Castillo One of the chapters of the proposal grants amnesty for prior, preparatory, and subsequent acts directly linked to the speech delivered by Pedro Castillo Terrones on December 7, 2022, when he announced his intention to dissolve Congress and establish an emergency government. The scope includes the creation, drafting, reading, dissemination, endorsement, accompaniment, and administrative execution of the message. The text proposes that the measure be applicable regardless of the legal classification attributed to the events. The legal formula also includes all persons who intervened in those acts, in any degree of authorship or participation. For this reason, the proposal could reach the former president and others investigated or prosecuted for events related to the presidential message. However, the project excludes cases involving genocide, crimes against humanity, war crimes, or grave human rights violations. The list includes intentional homicide, intentional grievous bodily harm, sexual violence, torture, and forced disappearance. Protests, blockades, and damages are among the events that could be amnestied The second part of the initiative focuses on protests, marches, stoppages, strikes, mobilizations, and other collective actions carried out during the established period. It also includes road blockades, the takeover of public spaces or premises, and activities involving the convening, organization, dissemination, or coordination of these actions. Among the crimes that could be included are rioting, disturbing the public peace, obstructing public services, property damage, usurpation, and violence or resistance toward authority. In the latter case, the benefit would only apply if no serious injuries occurred. The proposal also mentions charges of extortion linked to blockades or the takeover of premises, provided there was no profit motive. Likewise, it could reach cases of criminal organization or criminal gangs when the charge is based on the convening, coordination, or financing of protests with lawful resources. Crimes committed for profit or personal revenge, the use of firearms, explosives or military-grade material, as well as activities such as illicit drug trafficking, illegal mining, illegal logging, smuggling, and money laundering would be excluded. The amnesty would not include public officials, members of the Armed Forces, or the National Police investigated for the use of force during public order control operations. The project keeps active the investigations and processes for deaths, injuries, and other grave human rights violations attributed to state agents. If the law is approved, prosecutors and judges could apply it automatically or upon request. The initiative proposes a deadline of ten business days to resolve each request and stipulates that the National Penitentiary Institute execute a release within 24 hours following the judicial notification, unless the beneficiary has another current prison mandate.