New Police Protection Law in Peru Dismays Human Rights Activists

RIO DE JANEIRO, BRAZIL – In the future, police officers in Peru are to be given greater protection from criminal prosecution. This is the purpose of the so-called Police Protection Law, which was passed last Friday by the newly elected parliament in January.

If state security forces injure or kill people on duty and this is conducted “within the framework of their constitutional duties”, they are to remain unpunished.

They will also enjoy state legal protection in judicial proceedings, and any legal fees incurred will be covered by the state.

Furthermore, police officers will no longer be detained on remand in the event of abuse of duty – even if there is a risk of flight. Judges are also to interpret the law in favor of law enforcement officers, “in order to avoid interfering with the principle of police authority”.

In a letter to parliament, the Coordination Office for Human Rights in Peru demands the reversal of the law which it deems unconstitutional. The non-governmental organization sees the unclear wording as a violation of the principle of proportionality in the use of force.

It further cautions against effective impunity for members of the security forces. The appeal was co-signed by a number of trade unions and human rights organizations.

Law defenders, such as constitutional law expert Víctor García Toma, point out that in the past, police officers have in some cases been prosecuted with inappropriate severity. “The law provides that the police can work in peace,” explains García Toma. “This does not mean that the police are exempt from punishment since investigations are carried out and the court ultimately decides whether or not they acted within the law.”

The reform comes at a time when human rights advocates are very concerned: under the state of emergency imposed to contain the coronavirus, all fundamental rights have been suspended.

In addition to the restrictions that are also standard in Europe, there is an absolute curfew between 6 PM and 5 AM. The army and police ensure that the measures are complied with – often by draconian means.

Numerous videos have long been circulating on the Internet showing how arrested “quarantine violators” are forced into fitness exercises or dancing and are laughed at by onlookers. A scene shows a person running behind a police car, shouting “I should stay home!”

The security forces routinely target marginalized groups, such as transgenders. There have also been repeated cases of physical violence.

On social media, the strict enforcement is often met with approval. Human rights attorney María del Mar Pérez Aguilera cautions: “Today we still applaud the soldier who slaps a youth for violating the curfew. Tomorrow we may see them shoot people who leave their homes to find food because they can no longer afford to go shopping”.

Particularly disturbing are several cases of people inexplicably arrested within their own four walls. A growing number of people describe such experiences on print and social media, some of which also document them on video.