On December 7, 2022, Pedro Castillo, the then-President of Peru, made an attempt to dissolve the Congress amidst looming removal proceedings. This move included the immediate imposition of a curfew, an attempt to establish an emergency government, and a call for the formation of a constituent assembly.[1][2] Prior to this, Attorney General Patricia Benavides had accused Castillo of leading a criminal organization, a claim that contravened Article 117 of the Constitution of Peru.[3] She had urged the Congress to remove him from office, leading to the third removal attempt against Castillo.[4][5][6] Castillo defended his actions by arguing that the Congress, which had obstructed many of his policies,[7][8][9] was serving oligopolistic businesses and had colluded with the Constitutional Court to undermine the executive branch, thereby creating a "congressional dictatorship".[7] He also advocated for the immediate election of a constituent assembly,[7] a demand that had been echoed since the 2020 Peruvian protests.[10]
However, Castillo's decision to dissolve Congress led to a wave of resignations from his government. The Peruvian Armed Forces also declined to support his actions.[11][12] On the same day, Castillo was removed and ceased to be president after the Constitutional Court rejected his dissolution of Congress.[13][14][15] Vice President Dina Boluarte was sworn in as the new president later that day.[16] In the aftermath of Castillo's removal, his supporters initiated nationwide protests demanding his release and Boluarte's resignation. The Boluarte government responded by declaring a national state of emergency on December 14, massacring protesters,[17] and suspending some constitutional protections for 30 days.[18][19] Castillo was subsequently placed in pre-trial detention for 18 months on charges of rebellion and conspiracy,[20][21] with an additional 36 months of detention for alleged corruption during his administration.[22][23]
In a controversial move, the Constitutional Court, whose members were elected by Congress in a questionable manner,[24][25] removed judicial oversight from Congress, effectively granting the legislative body absolute control over the government.[26][27][28] Castillo maintained that two contentious votes of confidence between his former Prime MinisterAníbal Torres and Congress provided a legal basis for dissolving the legislative body.[29] However, this claim was disputed by a Constitutional Court ruling, which stated that only Congress could interpret whether a motion of confidence had occurred, thereby consolidating more power in the hands of Congress.[30] This event was widely characterized as an attempted coup d'état by Peruvian politicians, the Constitutional Court, Peruvian media, and some international news organizations,[31] drawing comparisons to the autogolpe of Alberto Fujimori during the 1992 Peruvian self-coup d'état.[32][33][11]
Representatives of many foreign countries, including Spain,[34]United States,[35]Brazil,[36]Uruguay[37] and the secretary-general of the Organization of American States[35] rejected Castillo's actions and described them as an attempt to break the constitutional order. According to an Institute of Peruvian Studies [es] poll, 53% of respondents disagreed with his attempt to dissolve Congress, while 44% of participants agreed.[38] Supporters of Castillo said that a soft coup was perpetrated by Congress against him.[39][40] Some governments of Latin America, including Argentina, Bolivia, Colombia, Honduras and Mexico, responded to the crisis by refusing to recognize the Boluarte government and viewing Castillo as president.[41][42] Castillo has also continued to consider himself as the legal president of Peru.[43]
^Vilcarino, Jennifer (27 July 2022). "A Challenging First Year for Peru's Pedro Castillo". www.as-coa.org. Americas Society. Retrieved 26 May 2024. Article 117 [of the Constitution of Peru] states that a sitting president can be accused and impeached for just four transgressions: treason, preventing elections, dissolving Congress, or impeding other electoral processes.
"Toque de queda en Perú: Esto ha sido una masacre". Radio Sudamérica (in Spanish). 16 December 2022. Retrieved 19 December 2022. La periodista Elizabet Revollar Ochatoma, quien también es abogada, dialogó con Radio Sudamericana y dijo 'en Ayacucho hubo una seria vulneración de los derechos humanos ... Se están realizando las autopsias. Muchos de ellos tienen proyectiles de entrada y salida lo que nos lleva a decir que ha sido una masacre'
Valencia, Martha (16 December 2022). "Protestas en regiones: Ya son 18 los fallecidos en enfrentamientos". El Búho (in Spanish). Retrieved 19 December 2022. Los ciudadanos están calificando de matanza, dado que según videos y testimonios, los soldados están disparando al cuerpo. ... Fue una matanza, afirman ciudadanos que tienen videos y testimonios.
^"Decreto de insurgencia"(PDF). Diario Expresión. 13 December 2022. p. 10. Archived from the original(PDF) on 14 December 2022. Retrieved 14 December 2022.