Ombudsman Report No. 06: Guidelines for Military Justice Reform in Peru

In Peru, one of the institutions that exercise jurisdictional functions is the military tribunals which, according to the Constitution, intervene when members of the Armed Forces and the National Police commit functional offenses. They may also try civilians for the crimes of treason (which includes aggravated terrorism), and when they violate compulsory military service regulations. However, most of the legal framework relating to military justice predates the current constitutional regulation, and in recent years situations of tension have arisen between ordinary and military justice bodies. For this reason, the Defensoría del Pueblo considered it necessary to evaluate its compatibility with the principles and rights that guide a democratic regime. This report has been structured in four fundamental parts. The first aims to provide a general framework on the main models of military justice in comparative experience, emphasizing the trends that define them. The second part addresses the characteristics and limitations of the constitutional model designed by the 1993 Charter, as well as the prevailing — pre-constitutional — legal framework. The third part develops the central themes. In the fourth part, specific conclusions and recommendations are formulated that seek to establish the bases for a reform of military justice in Peru.