UN Experts Condemn Reprisals Against Judge in Peru

OHCHR

GENEVA - UN experts* today condemned the removal of Judge Oswaldo Ordóñez Alcántara from his post, the most recent reprisal for his participation in a public hearing of a regional human rights mechanism.

"Judges must be able, individually and collectively, to participate in public debate on the organisation, functioning and independence of the judiciary, in accordance with their duties of discretion and responsibility, without fear of pressure, deterrent measures or proceedings that could impede the exercise of their institutional functions," the experts said.

"We are concerned that removal of Judge Ordóñez amounts to a reprisal of a magnitude that will affect all judges in the country."

During the hearing titled "The State of Judicial Independence in the Americas" before the Inter-American Commission on Human Rights (IACHR) in November 2024, Judge Oswaldo Ordóñez, President of the First Constitutional Chamber of Lima, spoke on behalf of the National Association of Magistrates of Peru and as a member of Latin American Federation of Magistrates' Advisory Council, addressing the state of independence of judicial bodies in Peru.

Last week, during the final stage of the periodic evaluation and confirmation process for Judge Ordóñez, he was asked questions about his participation in the hearing. "This type of questioning in a standard confirmation process is highly unusual, and it is unacceptable that it led to a decision not to confirm him in his post and to remove him from office," the experts said.

The Special Rapporteurs noted with concern that this decision came after the National Board of Justice (JNJ) opened an ex officio preliminary disciplinary investigation into his intervention at the IACHR hearing based on the complaint filed by a member of congress in September 2025, almost a year after the fact.

"We are concerned that these actions may constitute an effort to punish and silence Judge Ordóñez for exercising his rights to freedom of peaceful assembly and association, as well as for defending the independence of the judiciary in Peru," the experts said.

The Special Rapporteurs called on Peru, and in particular the JNJ, to comply with human rights standards on the independence of the judiciary.

"Judges must not face prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics," they said.

The experts have been in touch with Peru about their concerns.

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