Protests resume in Peru

CESAR ROBLES ASCURRA 

Lima

The situation in the country becomes tense and resumes the path of confrontation and polarization before the call of various unions, social movements and left-wing political leaders to the so-called "Toma de Lima", a march that hopes to gather in the capital on next July 19 thousands of protesters to demand the resignation of Dina Boluarte and demand a way out of the serious political crisis that the country is going through and that is increasing day by day.

Precisely within the framework of the celebrations and festivities for the anniversary of national independence on July 28, the government has to deliver its message to the Nation to detail the annual report of its management before the Congress of the Republic and announce measures or policies of government. In this context, thousands of citizens will be mobilized in the city of Lima demanding the resignation of Boluarte, the advancement of general elections, and punishment of those responsible for the deaths of 60 civilians that occurred in the demonstrations from December to January.

Boluarte had to go to the National Prosecutor's Office last week to testify in relation to the deaths that occurred in the protests against his government.

Carlos Rivera, a lawyer from the Legal Defense Institute, said that Boluarte's statements were completely general, easy to answer, and that he did not answer questions from the victims' lawyers. 

The president was left in a complicated situation and could not deny the conclusions of the OAS report, which stated that there was a "disproportionate, indiscriminate and lethal action used by the Armed and Police Forces."

If things start to get difficult in the judicial sphere, in the political and social spheres the government is going through critical legitimacy circumstances once again.

In recent weeks, in various districts of Lima such as Comas or Ventanilla, and northern provinces such as Chiclayo or Piura, the presence of the ministers and of Dina Boluarte herself was rejected by spontaneous marches and protests in the form of throwing eggs and tomatoes. in formal acts. It was precisely in the capital and in the northern regions of the country where the previous protests had the least incidence, focusing on the southern regions of Peru.

But what is happening so that now the protest begins to expand and radiate to the entire national territory?

The poor or non-existent response capacity of the government to face the ravages of Cyclone Yacu, which hit mainly the northern regions of Peru; the dengue pandemic that we have been suffering and that has registered 121 cases and 126 deaths, according to data from the Ministry of Health and that has once again caused the entire health system in the country to collapse; in addition to the delegitimacy of the government itself, which has caused those who lost last year's elections to govern again.

All this becomes an explosive situation that is about to explode with the call for marches and mobilizations for next July 19 in Lima.

The social movement rearticulates

The social movement once again begins to show signs of rearticulation and reorganization. The so-called "Taking of Lima" It is an attempt to channel the widespread indignation that is being experienced in the country and which, according to estimates by different polling companies, borders on 85% rejection of the government and close to 90% rejection of the Congress of the Republic.

Antolín Huáscar, leader of the National Agrarian Confederation, (CNA), one of the most active protest movements in Peru, indicated that the unions and social movements have once again ratified their platform of struggle that involves the dismissal or resignation of Boluarte, the closing of the Congress of the Republic and the immediate convocation of a Constituent Assembly that defines the new direction that the country must take.

The Association of Martyrs and Victims of January 9 in Puno has joined these actions and mobilizations, who, within the framework of the commemorations for the Flag Day on June 7, have raised the national banner in the Plaza de Armas of Juliaca, but with the colors black and white, as a sign of mourning for the victims of repression.

"Today is a very important day for all Peruvians, today is Flag Day. Unfortunately in Puno, and in the rest of the country, we cannot celebrate, because we are in mourning. The national flag of Peru has been stained with blood," said Raúl Samillan, a relative of one of the victims.

Deaths in protests could constitute extrajudicial killings

The report of the Inter-American Commission on Human Rights of the Organization of American States (OEA) on the "Human Rights Situation in Peru in the context of social protests" between December 7, 2022 and January 23, 2023 for the dismissal and subsequent imprisonment of former President Pedro Castillo is categorical and forceful in qualifying as possible massacre the events that occurred in the regions of Ayacucho, Apurímac and Puno, in southern Peru.

The conclusions of the report leave no doubt about the disproportionate, indiscriminate and lethal actions used by the Armed and Police Forces in proven situations and circumstances of human rights violations against the civilian population, and whose responsibility begins to shake the military high command before the detachment of the Boluarte government regarding the 60 deaths.

"The President of the Republic is the supreme commander of the Armed Forces, but she has no command, the protocols are decided by them," Boluarte told the national and international press, in a clear distance from the human rights violations carried out by the military and police in charge of controlling the demonstrations against his government.

These statements have earned her a wave of criticism from various political sectors, especially from the Peruvian right, Renovación Nacional, Fuerza Popular and Avanza País - very close to and sympathetic to military circles - who considered that the president and the government were "washing their hands."

The military chiefs later met with Boluarte and conveyed their discomfort while expressing their concern about the consequences of the OAS report.

The Ayacucho, Puno and Apurímac massacres

Five months have passed since the brutal repression that just with the lives of 10 compatriots in Ayacucho, a city in which, according to the report of the OAS Human Rights Commission, "serious human rights violations were recorded" that could be classified as a "massacre".

The evidence continues to surface. According to a report in the weekly Hildebrandt in his 13, forensic ballistic surveys carried out on 9 of the 10 deceased during the protest on December 15 by the Criminalistics Department conclude that the entry and exit holes are compatible with the impact of 5.56 mm caliber projectiles fired by long-range rifles such as those used by the Army soldiers carried the day of the events.

The same thing happens with the victims of Juliaca, in Puno, where on January 9, in a single day of protests and mobilizations, 18 peasants died from bullet wounds. Of the 18 victims in Juliaca, 15 died from wounds caused by bullets that correspond to the ammunition used by the rifles and pistols carried by the police and military that day, and 3 died from pellets fired from shotguns of the type used by the Police.

Human Rights Watch (HRW) in its report "Lethal deterioration. Security force abuses and democratic crisis in Peru"attributes direct responsibility to the officials and the government of Boluarte and indicates that they occurred"apparent government attempts to downplay abuse, coupled with apparent inaction in the face of solid evidence of abuse, raise questions about possible negligence or even complicity".

"Ithe government should invite a commission of independent international experts to support criminal investigations. The international community should support a broad national dialogue on the legitimate concerns of Peruvians”, indicates the report, for which They conducted 140 interviews, analyzed more than 663 photographs, verified 37 hours of video, and collected autopsies and ballistics reports to reconstruct the facts.

The role of justice

For Julio Arbizú, former OAS commissioner, the commission's report highlights the carrying out of extrajudicial executions and crimes against human rights, in addition to seriously compromising the perpetrators such as the police and military and the people who had command and command on these detachments, in this case, the ministers of State and the President of the Republic herself.

Arbizú told Globalter that Boluarte's position claiming that she does not have command over the Armed Forces is not only an abandonment of responsibility, but also forgets that these concepts are superseded by the doctrine of the domain of fact theory, applied to the case of former president Alberto Fujimori.

In this regard, he explained that in sentencing Fujimori to 25 years in prison for crimes against humanity such as those in Barrios Altos and La Cantuta, where a paramilitary commando called Grupo Colina kidnapped and executed 9 students and 1 university professor, the doctrine of the theory of control of the facts was used, since the ex-president had perfect knowledge of what was happening and yet he allowed the paramilitary operations and actions to take their course.

"Boluarte had the ability to prevent these deaths from occurring, and did nothing to prevent it. What's more, his subsequent behavior is inadmissible, it has justified the participation and actions of the Police and the Army ”, stated Arbizú.

The former OAS commissioner also pointed out that the Report may give rise to criminal complaints in the Inter-American Court of Human Rights if the investigations at the domestic level do not offer guarantees of due process or unjustified delays are expressed to prosecute and sentence those responsible. of these serious crimes.

Time does not play in favor of the Boluarte government, since crimes against humanity are imprescriptible.

Cesar Robles Ascurra He is a Peruvian journalist.