The United Nations Working Group on Arbitrary Detention concluded that the arrest of former Peru President Pedro Castillo was irregular and arbitrary. Castillo was detained on 7 Aralık 2022 following allegations that he attempted a coup. UN experts stated that the arrest was carried out without following the necessary legal procedures. The international body emphasized that this situation demonstrated a clear violation of fundamental human rights. The report in question was leaked to the national press as a document also confirmed by Castillo's inner circle.
According to the report prepared by the working group, the detention decision violates articles 3, 9, 10, and 11 of the Universal Declaration of Human Rights. The mentioned articles guarantee the right to liberty, freedom from arbitrary arrest, trial by an independent tribunal, and the presumption of innocence. Furthermore, the situation was found to contradict articles 9 and 14 of the International Covenant on Civil and Political Rights, which regulate personal liberty and equality before the courts. Experts demanded the Peru state to immediately release Castillo. It was also reported that Castillo has the right to claim compensation for the damages caused by the unjust arrest.
Another important issue examined by the UN delegation was whether there was any discrimination against Castillo due to his socioeconomic background. The former president's peasant origins and claims of exclusion by power centers were evaluated in detail. However, the working group stated that there was insufficient evidence to prove the existence of concrete discrimination. The report noted that the events resembled an uninterrupted power struggle between groups with different political views rather than systematic discrimination. The delegation announced that it would closely monitor the new measures taken by the Peru authorities regarding the issue and the course of the process.
Whether this international step taken will be binding in Peru has become a matter of curiosity in legal circles. Expert lawyers from a local legal institute evaluated the binding nature of UN decisions. Experts argued that Peru's signing and ratifying of the relevant international conventions makes such decisions binding. Although the working group's views do not have the direct force of a court judgment, it was stated that the Peru state is obliged to fulfill these international obligations. It was also recalled that the UN Human Rights Council encourages states to comply with such recommendations and to remedy the situation of the victims.
On the other hand, the possibility of a pardon or presidential immunity for Pedro Castillo to regain his freedom is causing heated debates in the Peru agenda. Current government officials did not rule out the possibility of using such a prerogative, arguing that it would contribute to the peace and reconciliation process the country needs. However, right-wing political parties in the opposition strongly rejected this possibility, arguing that the decision lacks legal basis. Prominent opposition figures stated that more urgent issues such as security and economic stability need to be resolved in the country, evaluating the matter as 'an impossible legal scenario.' This political and legal division shows that Castillo's fate will continue to occupy Peru politics in the future.
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