In the midst of serious questions about alleged acts of corruption in the government of peter castle and tax investigations involving the president himself, the Executive has announced the next presentation of a bill which seeks to penalize up to four years in prison -according to the Prime Minister Hannibal Torres– “the dissemination of confidential information” related to a criminal investigation, including “in its preliminary stage, in its initial stage”.
The initiative was approved in the Council of Ministers held last Friday and is still awaiting its presentation to the Congress of the Republic. To the various voices that have questioned such a claim, even described as a ‘gag’ for the press, this Tuesday that of the president of the Judicial Power, Elvia Barrios, as well as that of former justice ministers consulted by Trade.
“That this behavior is criminalized, we do not consider it appropriate. The question that should be asked is what is behind this norm if it is not a limitation to the freedom of the press”, warned Barrios. In an interview with “Successful”, he recalled that he is already sanctioning judges and prosecutors at a disciplinary level in their institutions for disclosing sensitive information.
“There have been many acts of investigation by the press that have contributed, rather, to clarifying the facts. And this must be highlighted and given value. Do not limit through a standard. But I hope it goes through the Legislative ”, he limited.
serious risk
The former Minister of Justice, Ana Neyra, explained to Trade that the proposal –as announced by the Government– would be unconstitutional because it affects the rights to freedom of information and expression.
However, although he considered that although the investigations should be reserved in principle, it is also true that there are facts that have relevant information and public interest. “The decision to publish it may correspond to a legitimate exercise of press freedom. Criminalizing this could be restricting that freedom of the press”, he stressed.
Neyra also highlighted the context in which the Executive launches the proposal: investigations into alleged illegal acts involving the government and the president. “It seems like a regulation that favors the government. It does not seem a concern for a state policy, but to protect the president or the government from an investigation or leak. It is legislating with its own name”, she warned.
As this is a legislative initiative, it must go through Parliament and its committees. It is there where, for Neyra, there is another concern. “It does not seem that Congress is going to be a limitation for the project, but that it could eventually approve it, because it also wants to prevent certain information from being in the public space. And this conjunction could affect the freedom of the press”, she stressed.
“It seems like a regulation that favors the government […] It is legislating with its own name.
In the reading of the also former Minister of Justice, Juan Jiménez Mayor, the proposal is inadequate because “power is being used as part of the defense strategy of the president and his entourage”, that is to say “for private interests”. “The effect of the measure is totally contrary to the exercise of freedoms in Peru, fundamentally freedom of expression and of the press,” he said.
Along these lines, the former minister considered that the project is a government reaction to a crisis in which it is involved, which implies the use of the public function to generate some strategy that cuts off knowledge of relevant facts in the bowels of power. in the country.
Likewise, he recalled a phrase issued by Pope Francis in January 2018: The Pope: “Corruption is not fought with silence. We must talk about it, denounce its evils.”
“And what the government wants is to silence the media so that the acts of corruption that are occurring in Peru cannot be spread,” he warned.
“The effect of the measure is totally contrary to the exercise of freedoms in Peru, fundamentally freedom of expression and of the press.”
international concern
In Peru, journalistic organizations such as the Peruvian Press Council (CPP) or the Press and Society Institute (IPYS) have condemned the Executive’s project. However, concern has spread internationally.
The International Broadcasting Association (AIR), an organization founded in 1946 that represents more than 17,000 private radio and television stations, issued a statement on Tuesday expressing its concern and rejection of the bill.
Emphasizing that the project is presented when investigations into acts of corruption involving the government are underway, he urged the Constitutional Commission of Congress and this power of the State to shelve the proposal.
“The aforementioned initiative, if approved, would have a restrictive effect on the exercise of freedom of expression and the dissemination of information, placing new obstacles to prevent journalists and the media, and as a direct consequence the Peruvian society, from having access to reliable information on judicial cases of public interest, together with the threat of eventual processes or sanctions for carrying out their journalistic investigation tasks”, indicated the AIR.
For its part, IPYS reiterated its rejection of the project, pointing out that the seriousness of the country’s situation has already been pointed out by the National Prosecutor and a Supreme Court judge, since “the alleged operation of a criminal organization from the government , they indicate, can undermine the foundations of the democratic state”.
“We warn that a project of this nature has nothing to do with the alleged need to protect the action of justice. We consider it, on the contrary, an attempt to protect those under investigation for corruption within the government, as part of the set of actions aimed at obstructing justice that we are witnessing,” IPYS said in a statement released Tuesday.
“Civil society must respond head-on to these attacks and prevent those under investigation from using their power of control over the reins of the country in a national emergency situation to destroy constitutional freedoms and ensure their impunity. This forces us to debate the need for the President of the Republic, the main accused, to be removed from his functions as prescribed by the Constitution.”, he expressed.
Justification
In the midst of all the debate, Prime Minister Aníbal Torres accused the Judiciary and the Public Ministry of being against the president. “You see that this small group that does not recognize the victory of Pedro Castillo as president is always looking to vacate him. Since the beginning and now others have been added. The Public Ministry is there, the Judiciary, a large sector of the capital’s press is there, ”he asserted during an activity in Cusco.
For his part, President Pedro Castillo did not expressly refer to the project, but he did reject being involved in acts of corruption during a confusing message: “It’s been 11 months of government and so far they can’t show us that we have a hint or a evidence where they want to find the president: hey, tell such a company to give me so much. Or a phone call to such a minister: yes, I’m going to put you as minister, but it’s worth so much. We are used to that story and today they want to put us in that bag”.
In his turn, the spokesman for the Peru Libre caucus, the party with which Castillo came to power, supported the initiative: “I think it’s one hundred percent correct. And it is not that freedom of expression is being taken away from anyone. The integrity of all Peruvians who are denounced is being safeguarded. After proving his innocence, no one returns his honor”.
Although it is pending to know the arguments outlined by the Executive in the bill, the truth is that the voices of rejection of it continue to grow. If the proposal is presented, the issue will remain in the hands of a Congress that is also highly questioned by the citizenry.