Ideeleradio .- The public should be attentive to the messages on human rights of presidential candidates because the election campaign should have civic messages on some bedrock principles, said Carlos Mesia, president of TC.
was referring to the proposed candidate Force 2011, Keiko Fujimori, who promised to get to the office, put on the table the death penalty for child rapists.
"I think the campaign should have civic messages and the time that 28 million Peruvians are aware of what the candidates say they must send messages that can serve the public to learn from day to date on some issues in human rights that are very simple and need to be in people's heads as bedrock principles, " said on the program Ideeleradio No Law.
[Issues such as] the death penalty has the grounds and is irreversible. Can not [apply], but these treaties are reported. Or is there a legal procedure to be followed, not only denounce the treaty, but to reform the Constitution which is much more difficult, "he added.
death penalty can not apply
The judge also pointed out the practical, legal and public order that may be approved by certain human rights treaties. He noted that judges all they do is apply the rules.
"We must remind you that the Vienna Convention, the American Convention, the International Covenant on Civil and Political Rights, the Treaty of Non-Applicability of crimes against humanity, we have not approved the judges but politicians, All we do is implement the treaties, "he argued.
recalled that the American Convention on Human Rights is a treaty that has abolitionist and irreversible nature for countries that have signed it. He described it as prohibiting open other grounds for the application of the death penalty.
"In the case of Peru can not open other grounds for the application of the death penalty, while the American Convention is in force. What I say does not mean in any way advance opinion is just something completely understood, "he said.
TC clarify position on Prior Consultation Act
On the other hand, said that the treaties for the protection of human rights have constitutional status from the moment they enter into force in the International System. In this regard, said that the 169 Agreement is in force in the country and its regulation by through legislation does not prevent indigenous peoples to reclaim their right to consultation.
acknowledged that the position adopted by the highest constitutional authority on the subject has been questioned by the legal community and in the coming days will clear some doubts to avoid misunderstandings.
"The Tribunal has the capacity to recognize and correct our mistakes. We are finite human beings, but we can rectify our mistakes with self-criticism, self-limiting and open and honest dialogue with NGOs, it has to do in this area to give red or amber light when the bodies are in charge of carving the stone catalog of fundamental rights, we are proven wrong, "he said.
"In the coming days we will release a 4-Tuanama if we can call it that, where we clarify that position to avoid the misunderstandings that have occurred. I believe that dialogue between the Court and the civil society is important for the optimization of human rights, "he added. He clarified that the most interested in constitutional body to end the prejudice of thinking that the query is harmful. He stressed that the consultation should be sincere and not a mere formality.
"That's where we want to establish, with regard to the new ruling, the treaty was in effect always 169, which is not necessary to apply a law to put into effect and if in some cases there was no consultation, done. The consultation is not binding but must be sincere and not a mere formality, in these cases the communities are entitled under to see if it has been in good faith, "he said.
ONPE supporters should audit funds
Finally, considered necessary for a comprehensive investigation ONPE income supporters to this campaign and that complaint with the Public Ministry where irregularities are detected.
"ONPE should make a thorough audit of how they have deposited the funds and once you have completed this work, which do not have to end on April 10 or 30 days of the second round, but that can spread throughout the year, if you see signs of money laundering or presence of drug money in the campaign, report to the Public Prosecutor for this make inquiries, "he said
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