GENEVA - A UN expert* today expressed alarm at the targeting of prosecutor Espinoza in Peru for actions that she has taken in line with her official functions, in what appears to amount to an organised effort to obstruct her work.
"Targeting prosecutor Espinoza through disciplinary proceedings, suspensions, threats to her safety by removing some of her protection detail, and Congressional motions, solely for performing her role as Supreme Prosecutor and Attorney General of the Nation in the Peruvian justice system, poses a direct threat to the integrity and fairness of legal proceedings in the country," said Margaret Satterthwaite, the Special Rapporteur on Independence of Judges and Lawyers.
In September, a disciplinary proceeding was conducted with great haste against prosecutor Espinoza in her function as Supreme Prosecutor and Attorney General of the Nation of Peru, raising concerns over compliance with due process standards and requirements established in the Peruvian legal framework. She was suspended from her functions as Attorney General of the Nation and Supreme Prosecutor for six months. A court found the proceedings had violated her rights and ordered prosecutor Espinoza's reinstatement in October.
"I am gravely concerned that the judicial decision to reinstate prosecutor Espinoza has so far not been implemented," Satterthwaite said. "I am quite alarmed that the National Justice Board has opened an investigation on abuse of authority against the judge who ordered the reinstatement of prosecutor Espinoza."
Recalling that judges should not face reprisals for the content of their judicial decisions, the Special Rapporteur called upon all actors, especially the National Justice Board, to respect judicial independence and ensure that disciplinary proceedings against judges and prosecutors are not instrumentalised.
"I am alarmed to learn that these attacks continue to escalate, and shocked that, on 25 November, the Permanent Commission of Congress debated and approved a motion to bar prosecutor Espinoza from public office for a period of 10 years," Satterthwaite said.
Sixteen members of Congress voted in favour and the motion was adopted.
"International standards provide that justice personnel should be able to perform all their professional functions without intimidation, hindrance, harassment, or improper interference. They should not suffer, or be threatened with, prosecution or administrative, economic, or other sanctions for any action taken in accordance with recognised professional duties, standards, and ethics," Satterthwaite said.
"Judicial independence is not optional. It is the foundation of democracy," she said.
The Special Rapporteur urged Peru to comply with human rights standards and stop all efforts to interfere with the work of prosecutors and judges.
The expert has been in contact with Peruvian authorities about her concerns.
