Peru Senate Blocs Move to Remove the Ombudsman Over Congress Remarks
Key Facts
Peru’s ombudsman is meant to stand above party politics, yet Josué Gutiérrez has faced doubts since his election. Four Senate blocs now want him removed for what they call serious misconduct.
Four Senate blocs filed a request on 18 September 2026 to remove Gutiérrez, Infobae and El Comercio reported. They cite his remarks about closing Congress and alleged irregular hiring at his office.
Why This Matters
The Defensoría del Pueblo, Peru’s ombudsman’s office, defends citizens’ constitutional rights and oversees how the state treats them. The office was created by the 1993 Constitution, and its first head was Jorge Santistevan de Noriega.
Its head is chosen by Congress for five years and is meant to act independently of government and parties. Gutiérrez, a former congressman and once a lawyer for Perú Libre leader Vladimir Cerrón, was elected in May 2023.
He won 88 votes, one more than required, El Peruano reported at the time. Peru restored a two-chamber Congress on 25 July 2026, ending 33 years with a single chamber, El Peruano reported.
Removal is now decided in the Senate and needs 40 of its 60 members, América TV and Gestión reported. Dollar figures below use the BCRP selling rate of S/3.368 per dollar on 17 September 2026.
Who Josué Gutiérrez Is
Gutiérrez, born in 1972, sat in Congress from 2011 to 2016 for Gana Perú, the coalition behind then-president Ollanta Humala. He left Humala’s Nationalist Party in September 2021 and Perú Libre, Cerrón’s leftist party, in March 2023, Gestión reported.
His election on 18 May 2023 drew 24 votes against and nine abstentions, with 87 votes needed, El Peruano reported. Gestión reported that his support came from lawmakers of both Fuerza Popular, Fujimori’s party, and Perú Libre.
That backing from the Fujimorist right and Cerrón’s left is one reason critics questioned his independence. He had also advised Perú Libre’s group in Congress before his election, according to Gestión.
What the Blocs Allege
The blocs are Juntos por el Perú, Buen Gobierno, Ahora Nación and Obras. The request went to Senate president Miguel Torres of Fuerza Popular, El Comercio reported.
It invokes the ombudsman’s organic law, which allows removal for negligent performance of the duties of the post, Gestión reported. The first ground concerns remarks Gutiérrez made on 27 August, Gestión reported.
He said that if President Keiko Fujimori closed Congress, her approval would rise to 80%, Infobae reported. Speaking to Exitosa radio, he said her popularity would “easily” rise 20 or 30 points, according to Infobae.
He also claimed that closing Congress would save about S/3 billion (US$891 million) a year, América TV reported. The petitioners called his position an attack on the Constitution and the balance of powers, El Comercio reported.
The second ground rests on a report by the Comptroller General, Peru’s public audit office. According to Infobae, the report found that service records were altered so that four hires met job requirements.
The petition says the four cases followed one pattern: prior contact with his office, service orders, then a payroll post. Gestión said the television programme Cuarto Poder first aired the findings on 6 September.
A Month of Mounting Pressure
Fujimori distanced herself the next day, telling reporters in Tacna: “I categorically reject the possibility of closing Congress”. Gutiérrez told RPP radio he had meant to warn about institutional fragility, not to encourage a constitutional break, Infobae reported.
On 3 September, deputy Analí Márquez of Juntos por el Perú filed a constitutional complaint against him in Congress. It seeks his removal and a ten-year ban from public office, citing five articles of the Constitution, Infobae reported.
On 14 September, Cuarto Poder reported that four of his 11 foreign-trip reports contained copied paragraphs. “Ah, yes, it must be,” Gutiérrez said when asked, arguing that annual meetings with the same aims produce similar texts.
He also said a party for his office’s 30th anniversary cost “perhaps less” than S/70,000 (US$20,800), despite an austerity plan. He said the event was budgeted and planned before the austerity measures took effect, Infobae reported.
Why Talk of Closing Congress Is Sensitive
On 5 April 1992, President Alberto Fujimori, Keiko Fujimori’s father, dissolved Congress with military backing. A new constituent assembly followed, and the 1993 Constitution still in force today was enacted.
On 30 September 2019, President Martín Vizcarra dissolved Congress under Article 134 of that Constitution. He argued that lawmakers had denied his government confidence, and a new Congress was elected in January 2020.
On 7 December 2022, President Pedro Castillo announced he was dissolving Congress, which removed him the same day by 101 votes. Castillo was arrested on rebellion charges, and his vice-president, Dina Boluarte, took office.
How Gutiérrez Has Responded
On 6 September, Gutiérrez apologised conditionally for his comments on closing Congress. “If they are going to take it that way, I express my apologies,” he said, Infobae reported.
He added that criticising is “the most natural thing for a democrat”, according to Infobae. On the hiring allegations, he described the appointees as trusted staff, according to Gestión.
No authority has ruled that he committed misconduct. He has not publicly answered the formal request itself in the reports reviewed.
How the Removal Process Works
The Senate’s Special Procedures Commission has 30 working days to gather evidence and seek Gutiérrez’s response, Gestión reported. Gutiérrez or his lawyer may then address the full Senate before any debate, according to the same report.
The council of bloc spokespeople then takes up the case under Article 204 of the Senate’s rules, Gestión said. If 40 senators vote in favour, the post becomes vacant at once, El Comercio reported.
Juntos por el Perú is the party of Roberto Sánchez, whom Fujimori beat in June’s runoff by 49,641 votes. Fuerza Popular helped elect Gutiérrez in 2023, so its position on removal will be closely watched.
What It Means If You Follow Peru
For citizens, the ombudsman is the state body meant to defend their rights and monitor public services. A long fight over its head could distract the office during a busy calendar, including local elections on 4 October.
For investors, the case is an early gauge of whether the new Senate can assemble two-thirds majorities on contested issues. For foreign observers, loose talk about closing Congress matters because Peru has seen three closures or attempts since 1992.
Travellers and expats face no direct effect from the dispute itself. The larger question is whether Peru’s watchdog bodies can stay clear of partisan fights in Fujimori’s first year.
What Is Not Yet Known
It is not clear whether larger blocs, including Fujimori’s Fuerza Popular, will back the request. The reports reviewed did not say how many senators the four blocs hold together.
Nor is it known when the Senate’s Special Procedures Commission will schedule a hearing for Gutiérrez. If he survives the vote, his term runs until 2028, according to América TV.
It is also unclear whether Congress will act on Márquez’s separate constitutional complaint. The Comptroller’s full report had not been published in the coverage reviewed.
Frequently Asked Questions
Why does this removal request matter?
The ombudsman is Peru’s independent rights watchdog, and its head is meant to stay out of party politics. The request tests whether the new Senate will hold him to that standard.
How is Peru’s ombudsman removed?
A Senate commission reviews the request and hears the ombudsman’s defence. The full Senate then needs 40 of 60 votes.
Why do the blocs want Josué Gutiérrez removed?
They cite his remarks on closing Congress and an audit report on hiring at his office. He has apologised for the remarks.
Did President Fujimori support closing Congress?
No. On 28 August she said she categorically rejected the possibility of closing Congress.
Sources: América TV, four blocs seek removal, Infobae, the request and Gutiérrez’s apology, Gestión, grounds and procedure, El Comercio, the petition, Gestión, profile of Gutiérrez and his link to Cerrón, El Peruano, Gutiérrez’s 2023 election, Infobae, Fujimori rejects closing Congress, Infobae, constitutional complaint against the ombudsman, Infobae, copied paragraphs in travel reports, Infobae, cost of the anniversary party, El Peruano, installation of the bicameral Congress, La República, Fujimori wins the runoff, Infobae, Sánchez of Juntos por el Perú in the 2026 race, Wikipedia, Ombudsman of Peru, Wikipedia, the 1992 self-coup, Wikipedia, the 2019 dissolution of Congress, Wikipedia, Castillo’s 2022 attempt, BCRP, sol-dollar exchange rate
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