The Peruvian lawyer Alberto Borea was elected as judge of the Inter-American Court of Human Rights (Inter-American Court) by General Assembly of the Organization of American States (OAS), despite the observations made by the committee of independent experts.
In the session of this Friday, June 28, the jurists were also elected as new members of the IACHR Diego Moreno (Paraguay) and Ricardo Perez Manrique (Uruguay).
“I wish you a successful work as judges of the Inter-American Court of Human Rights and congratulations to the three people elected today,” said the president of the 54th General Assembly.”
Then, the Minister of Justice and Human Rights, Eduardo Aranaintervened to thank the Member States for their “vote of confidence” in the candidacy of Alberto Borea.
“The Government of Peru welcomed and supported this candidacy, convinced of the professional and academic qualities and the recognized track record of defending democratic values of Dr. Borea, as well as of the judges now elected. Aware of the need for alternation in the composition of said legal body. For our country, the election of Dr. Borea as a judge of the Inter-American Court and of the other elected judges reaffirms Peru’s commitment to the Inter-American Human Rights System, its founding instruments,” said Arana.
The owner of the Minjus He asserted that “from today they cease to be our candidates and now belong to the community of the American System”: “We trust and hope that the election of these three honorable judges will contribute to strengthening the values, the principles and purposes of the Inter-American System of Human Rights. ”.
Sources of Infobae They reported that, until last Thursday, the candidacy of Borea He had 11 votes, an amount that did not 100% guarantee him a seat in the IACHR.
The Independent Panel in charge of evaluating the candidacies for the organs of the Inter-American Human Rights System (IACHR) made observations regarding the candidacy of the Peruvian lawyer Alberto BoreaAccording to Uruguayan jurist Ariela Peralta, a member of the panel, after evaluating and listening to Borea, it was concluded that he meets the requirements and demonstrates understanding of the current challenges of the IDH System, but distances himself from the most recent precedents of the court on issues of sexual and reproductive rights and protest.
In a presentation at American University’s Washington College of Law, Borea was noted as being unaware of important legal precedents of the court, according to information provided by the panel. The evaluation of candidates includes questionnaires, personal interviews and verification of information with civil society.
Regarding sexual and reproductive rights, Peralta He commented that the Peruvian jurist believed that the international protection of these rights cannot be a general solution, but rather must consider the level of maturity of each society in this regard. Furthermore, although the then-candidate expressed a position against marriage equality, the panel does not see this as a concern, since there are established standards on the issue in court.
On the excessive use of state force in protests, during a visit by the Inter-American Commission In early 2023, Borea indicated that protests should not be violent, noting that the commission’s report did not fully clarify this.
In December 2017, Alberto Borea assumed the legal defense of the former president Pedro Pablo Kuczynski before him Congress of the republic, within the framework of the process that sought Kuczynski’s presidential vacancy. Finally, PPK resigned from his position amid controversies related to the pardon granted to the former dictator Alberto Fujimori.
Recently, during his speech at the Permanent Council of the OASBorea highlighted his role in the founding of the Chair of the Americasmentioning his work in the OAS Committee on Juridical and Political Affairs during the years 2004 and 2005.
Borea also has an extensive political career in Peru. He was a deputy between 1985 and 1990 and a senator between 1990 and 1992. His term as senator ended abruptly when Alberto Fujimori carried out a self-coup d’état, resulting in the closure of the Senate.
