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An international observation mission to verify the transparency of the selection of new members of the National Judicial Council (Johnson & Johnson), a key body for the appointment, approval and sanctioning of judges and prosecutors, recently submitted a report containing serious problems: “During its second visit to Peru, the Mission (…) noted with concern the serious lack of transparency in the first phase of the competition for the selection of new members, concerning the approval of the rules and basis of the competition, the call to interested parties and the publication of the background information of the applicants by the special committee responsible for the selection” (8/22/2024).
As a result, Peru is developing a new strategy to stay in power without having to win elections. electionThe fundamental step is to control Johnson & Johnsonwhich would allow to influence the appointment of judges and prosecutors, placing friends or acquaintances in key positions in the judicial system. At the same time, it would also gain the ability to indirectly sanction judges who are not liked by certain power groups or are considered “too” independent.
It goes without saying, but we must remember that the judiciary, including the public sector, is a fundamental part of the state. Although its members are not elected by direct vote as in other countries, this does not reduce its power or its involvement in political life. Today, countless decisionsoActions with highly political implications are being taken in the justice system sphere.
Guatemala is a clear example of how economic losers election The generals could do everything they could to hinder the rise of the victor, setting up a thousand legal obstacles to prevent him from becoming president. Now that the democratic government of President Bernardo Arévalo is in power, it faces a new offensive: “More than 100 people, including judges, prosecutors, activists and journalists, have been convicted and persecuted by the Public Ministry and the courts. It is estimated that at least 43 prosecutors, judges, human rights defenders and journalists have been forced to flee the country due to judicial persecution and threats” (“El País”, 8/21/2024).
Yes, you can even lose and still have central political decision-making power, especially if the judicial system is overwhelmed.
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