Living in Peru : your everyday companion

Opinion | 6 September, 2006 [ 10:11 ]

The corrupt judge - something smells fishy

(by Wolfy Becker)

A "provisional" Peruvian Supreme Court Justice is arrested for allegedly accepting a S/. 2,000 Soles bribe (today the prosecutor's office said it was 600 Soles). I have followed this latest case of corruption in Peru very closely and I am appalled and disgusted but hardly surprised, just like everyone else. However, there are many questions that linger in my mind. Perhaps our readers can help me out here to fully understand this case, its impact on other cases (Humala!), and Peruvian law in general :

1) Why wasn't the ex-police officer Willy Ipanaqué Lescano, the man who offered the bribe not arrested? Did he not commit a crime as well? Does the national police only throw its hook to the "big fish"? It almost seems that Ipanaqué has now become some sort of hero and wants special protection.

2) How did law enforcement authorities know about the hand-off? Obviously they must have been tipped off. By whom? Ipanaqué himself? If this is the case, is this his chosen way to make his case for reinstatement into the police force?

3) Why would a (provisional) Supreme Court Justice, who receives a salary of S/. 26,100 monthly, - an amount that almost doubles the current President's self-imposed salary -, put his whole carreer and reputation on the line for as little as S/. 600 or S/. 2,000 ?

4) How can a Supreme Court Justice be dismissed one day after the alleged crime? Doesn't Peru's Justice System work under the premise "innocent until proven guilty in a court of law"?

5) How come the judge was arrested and is still in police custody for a presumed crime involving a couple of hundred bucks while Ollanta Humala, indicted for human rights violations, double murder and battery, holds a press conference in Peru's Congress?

6) If the judge really accepted such a rather miniscule bribe, what impact does that have on cases, trials and rulings he presided over? Why doesn't anyone know which judicial cases he was involved in? Why does it seem justice officials are downplaying his judicial influence?

6) Does anyone have any faith in Peru's Justice system? Under these conditions, do you think Humala will receive a fair trial? If extradited, do you think Fujimori will receive a fair trial?

Feel free to make additions if you feel like it. Answers and opinions are also appreciated, of course.

(PS: I am not trying to defend the judge, nor Humala, nor Fujimori. All I am trying to do is to find some answers)


tags : Peru law justice corruption SupremeCourt Palacios Humala corruption

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1 Comment

# Rafael Metzger says :
14 October, 2009 [ 21:08 ]

The peruvian legal system is based on the Napoleonic Code. In that code a witness can lie to protect it's family. (so much for contempt of court) Also, kill someone and get away with it if the murder involves a presumed violation of the murdere's honor. so be careful about ofending the SOB because it may give him a license to kill you. 

With regards to the Civic Code, the code was carbon copied in 1910 from the Uruguayan code which is now an irrelevant legal antique full of exeptions for anything that anyone may decide to complaint about. So, a judge (joker) may ventilate just one exeption raised by the offending party and rule against you. ($). If you feel hurt and deeply offended you can appeal and the appeal joker may overturn the one exeption ($) and remand your case to another lower court joker to rule again on one or all of the exeptions raised. At that point you may start feeling  like a ping pong ball being played by the racketeers of the so called judicial system .....and begin to wonder why did you come to this country anyway.

With regards to the Penal Code...her you'll find another legal antique which has recently been revised and its being slowly implemented by some  Departamentos (States) exept LIMA where one third of the population of the country lives and where corruption is a way of life. 

Pisco Sour anyone?...If you need one ...write me.

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