Peru’s Congress must uphold judicial independence

Peru's Congress must reject an attempt to remove members of the National Board of Justice, a move that would undermine judicial independence, the rule of law, and the protection of human rights, Human Rights Watch warned today.

The National Board of Justice plays a critical role in ensuring the impartiality and independence of judges, prosecutors, and electoral authorities. Its removal would jeopardize the right to due process, including the right to fair and impartial courts, and the right to vote.

Congress is scheduled to vote on this matter on November 8. Human Rights Watch urges Congress to reject this attempt to politicize the judiciary and uphold the fundamental principles of democracy.

“The National Board of Justice is key to maintaining the impartiality and independence of judges, prosecutors, and electoral authorities,” said Juanita Goebertus, Americas director at Human Rights Watch. “Removing its members through a politically motivated process would threaten the pillars of Peru’s democratic system and the protection of human rights. Congress should say no to removing the board members.”

On September 7, 2023, Peru’s Congress approved a proposal directing its Justice and Human Rights Committee to conduct a "summary investigation" with the sole purpose of removing the members of the Justice Board, based on allegations already being examined in separate proceedings before the subcommittee on constitutional affairs.

While the constitution allows Congress to remove board members for "serious infractions," there is no clear definition of these infractions, nor is there a process for removal that guarantees the due process rights of the members.