2024-02-15 22:20:00
The Judiciary validated the decision of the National Superintendence of Migration to prevent the entry of former Bolivian President Evo Morales, issued in January 2023. A lawyer had presented a habeas corpus to annul that decision, an appeal that was declared inadmissible in the second instance. , according to a resolution accessed by El Comercio.
The Migration decision was made in January 2023, in the midst of protests once morest the government of Dina Boluarte, regarding Evo Morales and seven other Bolivian citizens. The Ministry of the Interior stated at that time that it was due to the fact that people had entered the country to carry out proselytizing activities, which affected immigration legislation, national security and internal order.
During those days, El Comercio reported that twelve Evo Morales operators entered Peru at least 27 times, nine of them irregularly. It also gave an account of the history of its operators who had been prevented from entering the national territory.
Faced with the ban, Ronald Atencio, known as a lawyer and advisor to Congressman Guillermo Bermejo and who also defended former President Pedro Castillo, promoted a habeas corpus to annul that prohibition regarding Evo Morales. He alleged that it was a violation of Evo Morales’ right, as a citizen, to enter or leave the country.
Decisions
Last November, the Fifth Constitutional Court of Lima declared habeas corpus partially founded. He argued that although Migrations has the power to issue this impediment, it must be well founded so that it does not conflict with the right to free movement.
The decision was appealed by Migrations and was reviewed by the Second Constitutional Chamber. In its resolution, this court concluded that the Immigration decision was not arbitrary, but was justified by an intelligence report from the Ministry of the Interior. There, Evo Morales is identified as “a promoter and participant of ideological and political events in order to destabilize the internal order and confront the actions of the government of Peru.”
It was also taken into account that the former Bolivian president resides in his country and that “he has not even shown any indication or attempt of wanting to enter Peru, which implies that at this moment there is no threat or possibility of harm” once morest him. . For this reason, the first instance resolution was revoked and habeas corpus was declared inadmissible, meaning that Evo Morales’s ban on entering the country remains in force.
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