Last week, the plenary session of Congress had approved, by insistence, regulating the term of office of the chief of police. The government had been criticized for the delay in publishing the law.
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The Minister of the Interior, Willy Huerta , together with President Pedro Castillo and the PNP Commander General, Raúl Alfaro. Photo: Presidency
This Friday the law was published that establishes a mandatory period of two years in office for the general commander of the National Police of Peru (PNP), as well as specific grounds for his removal, which was approved by insistence in Congress last week . The delay in its promulgation and entry into force had been questioned by specialists in parliamentary matters.
The norm establishes that after being appointed by the president, the Commander General of the PNP will have a period of two years in office, extendable for one more. In addition, six objective grounds were established for which he can be removed, including a very serious offense or the commission of a crime.
Law was published today in the separate legal regulations
The proposal was approved by the Plenary in June. However, President Pedro Castillo observed it in July, alleging that it affected the separation of powers, that it was unnecessary and that it generated overregulation.
Con 82 votos a favor, el #PlenoDelCongreso aprobó, por insistencia, los proyectos de ley 614, 946 y 1036.
📌 La aprobación de insistencias no requiere de segunda votación. pic.twitter.com/OUHZQKCynj
— Congreso del Perú 🇵🇪 (@congresoperu) September 1, 2022
By then, Pedro Castillo had already changed the head of the PNP three times. With the law still to be reevaluated by the legislature, he made a fourth change on August 27.
Back in Congress, the text was seen again by the plenary on September 1 and was approved by insistence with 84 votes in favor and 25 against. The oppositions were from benches related to the ruling party.
On Monday, in one of her last actions as head of Congress, Lady Camones signed the autograph and sent it to the Presidential Office, where it was received that same day in the afternoon.
Autograph sent to the Executive, charged to Monday, September 5
They criticize the delay
Congressman José Williams (Avanza País) warned the plenary about this delay last Wednesday, after the interpellation of the Minister of the Interior, Willy Huerta.
César Delgado Guembes, a former senior official in Congress, explained that the Executive only has to assign a number to the law to order its publication. He also indicated that there is a history of delays in the publication of laws by the Executive, with some lasting for months.
“Much depends on who is the president of Congress. If he is from the same party as the president, the coercive measures [for the law to be published] are going to be much weaker,” he said.
Willy Huerta was questioned on Wednesday by the latest changes in the PNP command (Photo: El Comercio)
Alejandro Rospigliosi, a specialist in Parliamentary Law, pointed out that the responsibility lies with the PCM. “It is a bad practice from years ago: when there is a law with which the Executive does not agree, it seeks to delay it. There have been cases in which this delay has been many days (…) It does not have to take a long time: it is only to put a number on it and send it to 'El Peruano'. That takes hours, not days. He was supposed to leave on Tuesday. That is directly an obstacle”, he said.
According to what he said, if this persists, the presidency of the Board of Directors can directly call the head of the Cabinet to ask for an explanation; but a summons to the plenary session could also be promoted and even a constitutional complaint could be filed.
El Comercio consulted the PCM communications office about the reasons for the delay, but as of the closing of this article there was no response. Meanwhile, sources from this newspaper indicated that Congress handles the version that the Executive would finally publish the law this Friday.
Raúl Alfaro is the fifth commander general of the PNP of the government of Pedro Castillo. His predecessor, Luis Vera Llerena, only lasted about three months in the position. Photo: GEC
Former Interior Minister Rubén Vargas said that Congress could directly ask 'El Peruano' for the publication and remarked that although “the Executive clearly does not agree with that law”, it has already been approved by insistence, so ” an administrative procedure cannot be an obstacle”
Asked as to why the Government would oppose this law, Vargas replied that sources linked to the Interior sector They handle information about an alleged plan to change the current police chief, Raúl Alfaro, and “ensure the total cooptation of the sector and the police institution.” But this rule, once published, would make another abrupt change in the General Command difficult.
Behind Alfaro today is Vicente Álvarez, chief of the General Staff General, who has been linked to the 'Death Squad' case; and Segundo Mejía, Inspector General, a native of Chota (Cajamarca). According to sources from El Comercio, Mejía is very close to the president.