Read on Twitter
So, what is going on in Peru? A few months ago, there was a minor political scandal involving fake contracts for a singer hired by the Ministry of Culture. Vizcarra's presidency distanced itself from the singer. The Minister resigned. All done, but.... /1
Yesterday, leaked audios show Vizcarra coordinating a strategy to hide the fact that apparently he and his advisors had met with him several times, trying to downplay the issue and planning to hide 3 of the 5 meetings /2
In Peru, the President can only be impeached if he betrays the country, prevents elections or arbitrarily closes Congress. But there is one provision that always creates problems: the Presidency can also be declared "absent" /3
These are objective criteria: death, resignation, impeachment, physical incapacity. One of those, however, is "permanent moral incapacity". This refers to old Spanish legalese terminology, meaning "mental incapacity", however, others think the term has changed meaning /4
In 2000, facing corruption accusations, autocrat Alberto Fujimori fled the country and resigned by fax from Japan. Outraged, Congress refused to accept his resignation and instead declared him "morally incapable" of ruling the country. But Fujimori was not mentally ill /5
Congress interpreted the phrase literally, as "he is too immoral to rule". To some, this moment changed Peruvian Constitutional Law forever. To others (
) it is more symbolic than precedential. However, later Congresses welcomed the power grab /6
) it is more symbolic than precedential. However, later Congresses welcomed the power grab /6
The idea of "absence due to immorality" as a parallel impeachment was incorporated into Congress' bylaws. In 2017, Congress tried to impeach a President for reasons of immorality because he lied to Congress, but the vote failed. The President ultimately resigned /7
Now, given that President Vizcarra was "planning to lie", Congressmen from several opposition caucuses want to declare him morally incapable of being President. The request is following an expedite procedure and there is no way a propper defence can be planned /8
"Morality" cannot be a proper standard for impeachment procedures, let alone one concocted in a 24 hour period. This would violate due process guarantees under Inter-American Human Rights Law and would be unconstitutional. /9
Congress is planning to go ahead with proceedings today. If declared absent, it would be a Parliamentary coup against an elected President in violation of Inter-American law in the same tradition as Dilma Rousseff's and Manuel Zelaya's sham impeachments. /10
