Pedro’s appeal to the IACHR to protect Castillo was unsuccessful

Colombian President Gustavo Pedro returned to show his relationship with the Inter-American Commission on Human Rights (IACHR) on Thursday. He has demanded on his social networks that the Organization of American States (OAS) release precautionary measures “in favor” of former Peruvian President Pedro Castillo. Deleted last Wednesday. In addition, he affirmed that the American Convention on Human Rights is “the best Latin American agreement” the region needs to move forward. However, the inter-American justice system is not on the same page: The IACHR has previously raised the question Castillo’s desperate attempt to dissolve Congress to stay in power. He recognized the “democratic response” of Peruvian institutions. At no point did he express concern about the former president’s potentially violated rights.

Pedro is familiar with the Inter-American Justice System, which is responsible for promoting respect for human rights by the countries that make up the OAS. She returned to him in 2013 When the Attorney General dismissed him as mayor of Bogotá Due to failures in implementing the new toilet model. Inter-American Court He was right in 2020: Declared that the Colombian government had violated their political rights and that the powers of the relevant body to remove popularly elected officials should be removed.

The president draws parallels between his case, Castillo’s, and those of other Latin American leaders. “He was cornered from day one because he was a professor at Sierra and a people’s election leader.” reported on social media. The Peruvian legislature, according to Pedro, was “chosen and elected” and violated the rights to have an independent court. He advanced on a path revived by the “parliamentary coups” that ousted former Honduran President Manuel Zelaya in 2009 and Paraguayan Fernando Lugo in 2012. That was the end of the road [Salvador] Allende and pushed America into a dictatorship,” he added. Before pointing out that Castillo’s dissolution of Congress was “wrong.”.

But the cases of Pedro and Castillo are different. The attorney general’s office is an executive body with no guarantees of independence or impartiality, while Congress is a political body empowered to conduct impeachment proceedings, constitutional law expert Catalina Botero notes by phone. Botero explains that “loss of trust” is a figure recognized in the Peruvian constitution, and that Castillo violated the constitutional order. “Although the conditions for repealing Congress have been met, no power to reorganize the judiciary has been recognized anywhere,” he said, referring to another measure announced by the then-president.

In addition, Castillo’s decisions were considered a conspiracy by the entire Peruvian establishment: the Office of the Ombudsman, the Prosecutor’s Office, the Constitutional Court, the Armed Forces and the Police. It was also condemned by international bodies such as the IACHR as “unconstitutional”. “Commission endorses immediate action by big corporations in defense of democracy to avoid realization of institutional decay,” read their statement. He has nowhere expressed concern about the former president’s rights and, after consulting this newspaper, declined to comment on Pedro’s message.

However, the inter-American justice system does not operate through preventive measures. Walter Arevalo, a professor at Rosario University’s Faculty of Law, commented by phone that the former Peruvian president’s rights were not violated. “In future criminal proceedings, Castillo is entitled to continuous guarantees. If the guarantees are breached and the relevant events in Peru are exhausted, a precautionary measure may be requested at that time,” he highlighted.

Beyond the Castillo case, Pedro has said he is betting on the Inter-American Conference on Human Rights as the best solution for Latin America. According to Your messages on Twitter, a landmark agreement to move the region forward on a “peaceful, solid and democratic path”. Botero acknowledges this, though he qualifies: “Beyond ideologies there must be the political will to be loyal to those principles.” Arévalo adds that the organization that built the region is already legally competent. According to him, states should increase funding, but there are no significant reforms required.

“Peruvian companies know they are being watched and that the commission has authority over Peru. They will be careful to comply,” says the professor, president of the Colombian Academy of International Law. Castillo’s bodily integrity and rights, A political asylum seeker in MexicoThey don’t seem to be in danger.

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