Peru Judge Faces Removal as UN Expert Warns of Threat to Independent Justice

Satterthwaite urged Peru to fully protect judicial independence and prevent further proceedings of this nature, calling on the JNJ to bring its actions into line with human rights standards.

A Peruvian judge could lose his position over actions a United Nations expert says fall within his normal judicial duties, raising concerns about the freedom of judges to make decisions without fear of punishment. Margaret Satterthwaite, the UN Special Rapporteur on the independence of judges and lawyers, expressed dismay at what she described as unfounded disciplinary proceedings against Judge Richard Concepción Carhuancho, warning that his possible removal could seriously damage judicial independence in Peru.

A Closed Case Returns to Scrutiny

The National Board of Justice, known as the JNJ, is investigating a matter that the Judiciary's National Control Authority had already examined and closed after finding no basis for disciplinary responsibility on the judge's part. For Satterthwaite, the proceedings raise a fundamental concern about the use of disciplinary powers against judges and prosecutors for carrying out the ordinary responsibilities of their jobs, particularly when an earlier review found no grounds for action.

Disagreements with a court ruling should be addressed through the legal channels available in Peru, including appeals, motions for reconsideration and requests to amend a decision, the expert said. These procedures allow judicial decisions to be challenged through the justice system, and her warning centres on the danger of treating a disputed ruling as a reason to punish the person responsible for delivering it.

Earlier Removals Deepen Concerns

Satterthwaite placed the case within a broader pattern of proceedings that have resulted in judges and prosecutors being removed despite acting within their professional responsibilities. She recalled the dismissal of a Peruvian judge following a statement at a hearing of the Inter-American Commission on Human Rights, along with the removal of several prosecutors for conduct she said did not meet international human rights standards for serious misconduct or incompetence.

Removing Concepción Carhuancho for performing his judicial functions would mark a major escalation in the misuse of disciplinary proceedings, the expert warned, with grave consequences for judicial independence across the country. Her concerns extended to both the reasons the JNJ has used to open proceedings and the severity of the penalties imposed, which she said had failed the principle of proportionality in a series of cases, meaning the sanctions were not appropriately matched to the conduct involved.

Fair Hearings and Independent Review

The expert questioned whether the procedures provided the protections required for a fair process, stressing that judges and prosecutors facing removal or demotion must have a fair hearing and an opportunity to challenge the decision before an independent court. She explained that international standards permit the suspension or removal of judges only on serious grounds of misconduct or incompetence, through procedures that guarantee objectivity and impartiality.

Satterthwaite urged Peru to fully protect judicial independence and prevent further proceedings of this nature, calling on the JNJ to bring its actions into line with human rights standards. Judges carrying out their recognised professional duties in accordance with applicable standards and ethics should not face prosecution or administrative, financial or other sanctions for those actions, she said. The Special Rapporteur has been in contact with Peru about the issue, placing the treatment of judges and prosecutors under continued international scrutiny.