Eloy Espinoza: President can request the opinion of the IACHR

Eloy Espinoza Saldaña, magistrate of the Constitutional Court considered for the President, Martin Vizcarra can request the opinion of the Inter-American Court of Human Rights (I / A Court HR) for the modification of the draft of the political reforms that seek to eliminate immunity to legislative and executive bodies of the state.

The TC magistrate pointed out that the Court will require a response that must be fulfilled since it represents the end of a term, despite the fact that the development of political reform is still in process, since it will be a second vote by the legislature, adding that any result does not prevent consultation.

In conversations with the RPP, he pointed out «In the jurisdiction that you have as the head of every State, before the Inter-American Court you can make an advisory opinion on what is happening.» It should be noted that everything takes place in the context of what happened last Sunday in which the modification of parliamentary immunity was achieved in the short term, including the president, ministers and other officials from the exclusion of said faculty.

Let’s record the last weekend, the plenary session of Congress approved the modification of immunity to the president and ministers. Therefore, to date the Parliament has received a series of criticisms by the State authorities who believe that it was a very fast measure.

The magistrate highlighted that the Court could make a decision that could be complied with by the Legislative Power so they will not be in agreement. ‘If the Court gives you that advisory opinion, the name is a mandate because consultation has nothing, it is a mandate of the court that must be fulfilled, whether you like it or not like it, ‘he indicated.

Another possibility that the Executive could take would be the presentation of a claim of unconstitutionality before the TC (Constitutional Court), whose evaluation would be timely.