LIMA (AP) — Peru’s Attorney General Delia Espinosa announced Thursday that she has opened a new preliminary investigation against President Dina Baluarte for failing to notify the cabinet and parliament of “temporary obstacles” to the president’s duties between June 29 and 9 July 2023 undergoing nose surgery.
In a statement, the attorney general indicated that the investigation against Boluarte was opened in connection with the alleged commission of crimes related to the refusal of office and inactivity for 11 days after “the surgical procedure to which she was subjected.”
According to the law, the crime of desertion occurs when an official leaves his office “without lawful termination”; while dereliction of duty occurs when a public servant “unlawfully omits, refuses, or delays the performance of his office.” Both face two years in prison.
According to the law, the prosecutor general can question the president, the surgeon who operated on her, and all those officials of the presidential palace, including ministers, who could confirm that the president did not fulfill his duties.
Once the preliminary investigation is completed, the attorney general will be able to constitutionally impeach the president in parliament, so that after Boluarte’s term expires on July 28, 2026. she could be tried in the Supreme Court, as defined by the procedure for senior officials in Peru.
Along with this investigation, the president adds six tax investigations for various crimes, including aggravated murder, for her responsibility in the deaths of protesters between December 2022 and March 2023 during a series of protests that demanded her resignation.
The new investigation comes after former prime minister Alberto Atarola, who served from December 2022 to March 2024, told a parliamentary committee on Tuesday that Boluarte secretly underwent rhinoplasty in 2023 and returned to work in person a week and a half later. , although it used to work virtually.
Some experts argue that Baluarte also violated Peru’s constitution. On Tuesday in his social networks, the constitutionalist Heber Kampas noted that the president is obliged to inform the parliament about the operation in order to avoid a “vacuum of power” and for the legislative power to activate the “rule of succession” provided by articles 114 and 115 of the Constitution. Both articles indicate that during the temporary absence of the President, the Vice-President acts, and in his absence, the President of the Parliament replaces him.
Similarly, Boluarte would not have implemented Law 31810, which allows remote work only when the president is abroad and not in Peru.
Prime Minister Gustavo Adriansen, who succeeded Atarola in early 2024, said on condition of anonymity that the exposure of the operation was “low,” adding that Bolluarte “never shirked his responsibilities.”
Bolluarte’s popularity is the lowest for a Peruvian leader since 1980. Datum International reported in November that Baluarte’s approval rating had fallen to 3%. His unpopularity rose to 94%, and 3% had no opinion.