A judge in Peru ordered ex-President Pedro Castillo, who was arrested after his impeachment last week, to remain in preventive detention for 18 months amid widespread protests calling for his release. The extended period of detention was given to allow prosecutors to make a strong case against Castillo, who is accused of “rebellion” and “conspiracy.”
Supreme Court Judge Juan Carlos Checkley said preventive detention is not an advanced sentence and was only prescribed to prevent Castillo from escaping. Checkley said the ex-President “manifested obstructionist behaviour and flight.”
He said the Court could not risk Castillo escaping, especially after reports that the Mexican embassy in Lima is willing to shelter him. Mexican President Andrés Manuel López Obrador also said his country is ready to provide asylum for Castillo. The Mexican leader has put ties with Peru “on hold” and said Castillo is “still president.” He said on Tuesday that Castillo had been subjected to “undemocratic harassment.” The Mexican leader asserted that Castillo was democratically elected and, therefore, “cannot be removed from office.
Peru's workers unions held anti-coup protests in Lima today.
— Kawsachun News (@KawsachunNews) December 16, 2022
The demands:
- Close Congress
- Constituent Assembly
- Free Pedro Castillo@JaimeHerreraCaj pic.twitter.com/Ih68dAtOeZ
Chief Prosecutor Alcides Chinchay said Castillo faces almost 10 years in prison for trying to oust a democratically elected government. In this respect, judges have justified giving him 18 months in preventive custody given the serious nature of his offence.
Checkley’s order follows an earlier decision to strip Castillo of the privilege that provides Peru’s president immunity against criminal charges.
Castillo and his legal team have denied the charges and condemned the decision to jail him for 18 months, saying he remains the lawful president. “I will not resign or abandon my high and sacred functions,” he tweeted on Tuesday. He has called his replacement, Dina Boluarte, a “usurper” who is nothing more than the “snot and slobber of the coup-mongering right.”
Peru's elected President Pedro Castillo sends a message from jail:
— Ben Norton (@BenjaminNorton) December 16, 2022
"The visit of the US ambassador (a CIA veteran) to the governmental palace" to meet with the coup regime was "to give the order to send the troops to the streets and massacre my people," & exploit Peru's minerals https://t.co/setSY5w8yB
Furthermore, Castillo’s lawyers refused to participate in the hearing that ordered his detention, arguing that it did not give them “minimum guarantees.” Calling the Checkley’s order “illegal,” they demanded that the judge lift the decision to detain Castillo. The lawyers also accused the judiciary of “not allowing” them to exercise an effective defence.
Checkley gave the order a week after Peru’s unicameral parliament impeached Castillo after he attempted to dissolve the parliament and rule by decree in an attempted coup. Police later arrested Castillo on charges of “rebellion” against the government and violating the constitutional order after he attempted to dissolve parliament.
Lawmakers overwhelmingly voted to oust Castillo after he announced his intention to dissolve Congress and call an emergency. Castillo declared an “exceptional emergency government” to replace Congress in a televised address to the nation, calling for a fresh round of elections.
7 Latin American presidents have come out in support of the protests and Pedro Castillo, and they are all from the left. This includes Gustavo Petro of Colombia and AMLO of Mexico. Pres. Luis Arce of Bolivia even condemned the congressional coup while on a trip to Cuba 2/ pic.twitter.com/Ft4UPLI7XR
— New Amauta (@AmautaNew) December 16, 2022
He was replaced by his vice-president, Boluarte, who became the first female leader in the country’s history. Boluarte has called her predecessor’s move a “coup d’état that has worsened [Peru’s] political and institutional crisis,” saying his attempt to close Congress “ruptured the constitutional order.”
However, the removal of Castillo has sparked nationwide demonstrations, which many call a “national insurgency,” including violent clashes with security forces that have killed at least 15 protesters and injured hundreds, including security forces. On Wednesday, Boluarte’s administration declared a 30-day national state of emergency to quell the protests.
The emergency allows the military and police to work together to maintain internal order through the suspension of constitutional rights such as freedom of movement and assembly. It also grants law enforcement special powers to search homes without a warrant.
Following the detention order, protesters gathered outside the jail in Lima where Castillo is detained, shouting slogans in support of the ex-President, criticising Boluarte, and demanding the closure of Congress. “We only want the voice of the people to be heard. The people are demanding that they bring back our president,” a protester told Reuters.
According to the Associated Press, protesters have burned police stations, taken over an airstrip used by Peru’s air force, and invaded an international runway at the Arequipa airport, leading to a delay in flights.
Workers and indigenous groups are rallying in the city of Cusco, Peru, to reject the right-wing coup against Pedro Castillo. Similar protests are taking place across the country. pic.twitter.com/bwVuopVPA4
— Kawsachun News (@KawsachunNews) December 14, 2022
As a result, thousands of tourists have been stranded in the country. Additionally, protesters have also blocked road and railway routes, preventing the delivery of food and vital supplies.
Six people have died due to accidents caused as a result of roadblocks. The Guardian reported that a newborn baby who was on the way to a hospital in Lima for surgery died as a result of the roadblocks.
The United Nations’ (UN) mission in Peru expressed “serious concern” about the increase in deaths and urged all sides to refrain from further violence. It called on protesters and the government to respect the International Covenant on Civil and Political Rights (ICCPR), stating that protesters should observe “peaceful” protests while the government should protect the right to peaceful assembly.
— The International Magazine (@TheIntlMagz) December 15, 2022
Meanwhile, Castillo tweeted before the detention order that the United States’ ambassador to Lima, Lisa Kenna, held a meeting with Boluarte’s administration “to give the order to take the troops out into the streets and massacre my defenceless people.”
Although Castillo did not provide evidence for his claim, his accusation was echoed by Cuban President Miguel Díaz-Canel, who suggested that Peru’s problems are a result of external interference and foreign government supporting “dominant oligarchies to subvert the popular will.”
“Cuba defends the principle of non-interference in the internal affairs of States and points out that it is up to the Peruvian people to find solutions to their challenges on their own,” said Díaz-Canel.
Apart from Mexico and Cuba, Castillo has also received support from the left-wing leaders of Bolivia, Venezuela, and Nicaragua.
Protests in Peru against the arrest of former President Pedro Castillo are surging. The government has officially declared a national emergency. Take a look:pic.twitter.com/ze9GmOp0xb
— Steve Hanke (@steve_hanke) December 15, 2022
In June 2021, Castillo, a leftist leader, was elected in a closely contested election after beating right-wing candidate Keiko Fujimori. However, Castillo faced widespread opposition since coming to power, particularly against corruption and economic mismanagement charges.
In this regard, Castillo has faced two impeachment attempts—last December and then earlier this year in March. Following the attempts, his approval ratings plummeted to around 20%, with the Peruvian public and opposition calling for his resignation. In fact, the latest motion to impeach him was approved just last Thursday.
Last month, over 5,000 protesters demonstrated in Lima against Castillo, calling for his resignation. They accused the government of widespread corruption and implementing policies that have led to economic stagnation. Castillo is embroiled in an investigation into six criminal cases of corruption and plagiarism.
Boluarte, the country’s fifth president in just over two years, was initially planning to stay in office until the end of Castillo’s term in July 2026. However, under the pressure exerted by protesters, she brought the date forward to April 2024 and then December 2023.