HomeInternationalConstitutionalist Omar Cairo: Presidential vacancy against Pedro Castillo is "inappropriate"

Constitutionalist Omar Cairo: Presidential vacancy against Pedro Castillo is “inappropriate”

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Constitutionalist Omar Cairo: Presidential vacancy against Pedro Castillo is “inappropriate”

The constitutional lawyer, Omar Cairo, explained that the motion for presidential vacancy against President Pedro Castillo Terrones for permanent moral incapacity is inadmissible. As is known, the president of Congress, María del Carmen Alva, notified the Head of State about the beginning of the process to remove him.

«It is inadmissible because this motion is not based on any indication that the president is mentally incapacitated to exercise the position (…). The vacancy is not a punishment for misconduct, the vacancy is the declaration that the position is empty because the president is disqualified for an objective reason to continue exercising the position, “said the lawyer.

Cairo, recalled that the term moral incapacity comes from the interpretation of mental incapacity. “This is how it was introduced into the Peruvian constitutional system in 1839, because at that time mental illnesses were attributed a moral origin,” he expressed in conversation with CARETAS.

One of the first arguments for this vacancy proposal attributes to the president the use of public funds for his electoral campaign, but they are from “third parties” that do not involve Castillo. “He is questioned for an infraction of the constitution by having appointed certain ministers, but this infraction is not punished with vacancy, but in a political trial, which is established in articles 99 and 100 of the Constitution,” he added.

“If it had been an infringement of the Constitution to appoint these (questioned) ministers, Congress would be an accomplice, because they should have removed them with a censure or have denied confidence to the cabinet and did not do so,” said Cairo on the argument of the motion that holds Pedro Castillo responsible for the appointment of ministers linked to terrorism.

“Influence peddling for promotions in the Armed Forces and Sunat is questioned, but as a basis, acts of third parties who have carried out these behaviors are mentioned. However, there is no sentence that has convicted anyone of any related crime, “he added.

Another argument for the vacancy is related to the reestablishment of diplomatic relations with “undemocratic governments” such as Venezuela. Given this, Cairo explained that “all governments in the world have relations with democratic and non-democratic countries. For example, you have relations with China and it does not constitute immorality. Therefore it is not valid support in this argument ».

On the other hand, the president is questioned about being permissive in the fight against violence against women due to the appointment of Guido Bellido and his past of misogyny. “The person who had to punish (Bellido) was not Pedro Castillo, but the Judicial Power, and for this institution to be able to convict him, a preliminary ruling is required, which Congress should have reviewed and did not do,” he said.

“They are trying to disguise a presidential interpellation”

Some legislators, such as Alejandro Cavero or José Cueto, promoted the presidential vacancy, so that the Head of State can answer to Parliament for government decisions. «In that case what they are trying to do is disguise a presidential interpellation through the vacancy. If the case is like this, they are committing an infraction to the Constitution “, answered the specialist. A serious parliamentary decision, which “in a political trial could suspend, dismiss or disqualify the congressmen (promoters of the vacancy).” But Cairo believes that “it is difficult for them to do it themselves and the next Parliament would have to do it.”

What can the Executive do?

The constitutionalist also points out that the Executive could file a competency claim before the Constitutional Court because “it is trying to remove the President by a mechanism not allowed by the Constitution, which is vacancy.” He explains that the mechanism to remove him is impeachment and the vacancy only serves to declare that he is incapacitated for objective reasons, including mental incapacity, called moral by the Constitution.

Three stages of the presidential vacancy process

As is known, after the motion has been presented, Congress must put the proposal on the agenda as a priority. The President of Parliament will have to debate “immediately” her admission to the next plenary session, for this requires 52 votes.

Then the president will be summoned to make use of his defense, alone or with his lawyer. In that same session the debate will begin. The three stages of this process could take a week and to empty it, at least 87 votes from the different benches are needed.

in details

The constitutional lawyer, Omar Cairo, explained that the motion for presidential vacancy against President Pedro Castillo Terrones for permanent moral incapacity is inadmissible. As is known, the president of Congress, María del Carmen Alva, notified the Head of State about the beginning of the process to remove him.

«It is inadmissible because this motion is not based on any indication that the president is mentally incapacitated to exercise the position (…). The vacancy is not a punishment for misconduct, the vacancy is the declaration that the position is empty because the president is disqualified for an objective reason to continue exercising the position, “said the lawyer.

Cairo, recalled that the term moral incapacity comes from the interpretation of mental incapacity. “This is how it was introduced into the Peruvian constitutional system in 1839, because at that time mental illnesses were attributed a moral origin,” he expressed in conversation with CARETAS.

One of the first arguments for this vacancy proposal attributes to the president the use of public funds for his electoral campaign, but they are from “third parties” that do not involve Castillo. “He is questioned for an infraction of the constitution by having appointed certain ministers, but this infraction is not punished with vacancy, but in a political trial, which is established in articles 99 and 100 of the Constitution,” he added.

“If it had been an infringement of the Constitution to appoint these (questioned) ministers, Congress would be an accomplice, because they should have removed them with a censure or have denied confidence to the cabinet and did not do so,” said Cairo on the argument of the motion that holds Pedro Castillo responsible for the appointment of ministers linked to terrorism.

“Influence peddling for promotions in the Armed Forces and Sunat is questioned, but as a basis, acts of third parties who have carried out these behaviors are mentioned. However, there is no sentence that has convicted anyone of any related crime, “he added.

Another argument for the vacancy is related to the reestablishment of diplomatic relations with “undemocratic governments” such as Venezuela. Given this, Cairo explained that “all governments in the world have relations with democratic and non-democratic countries. For example, you have relations with China and it does not constitute immorality. Therefore it is not valid support in this argument ».

On the other hand, the president is questioned about being permissive in the fight against violence against women due to the appointment of Guido Bellido and his past of misogyny. “The person who had to punish (Bellido) was not Pedro Castillo, but the Judicial Power, and for this institution to be able to convict him, a preliminary ruling is required, which Congress should have reviewed and did not do,” he said.

“They are trying to disguise a presidential interpellation”

Some legislators, such as Alejandro Cavero or José Cueto, promoted the presidential vacancy, so that the Head of State can answer to Parliament for government decisions. «In that case what they are trying to do is disguise a presidential interpellation through the vacancy. If the case is like this, they are committing an infraction to the Constitution “, answered the specialist. A serious parliamentary decision, which “in a political trial could suspend, dismiss or disqualify the congressmen (promoters of the vacancy).” But Cairo believes that “it is difficult for them to do it themselves and the next Parliament would have to do it.”

What can the Executive do?

The constitutionalist also points out that the Executive could file a competency claim before the Constitutional Court because “it is trying to remove the President by a mechanism not allowed by the Constitution, which is vacancy.” He explains that the mechanism to remove him is impeachment and the vacancy only serves to declare that he is incapacitated for objective reasons, including mental incapacity, called moral by the Constitution.

Three stages of the presidential vacancy process

As is known, after the motion has been presented, Congress must put the proposal on the agenda as a priority. The President of Parliament will have to debate “immediately” her admission to the next plenary session, for this requires 52 votes.

Then the president will be summoned to make use of his defense, alone or with his lawyer. In that same session the debate will begin. The three stages of this process could take a week and to empty it, at least 87 votes from the different benches are needed.

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