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Execution referendum plan unlawful - Peru minister

12 Jan 2007 18:14:17 GMT
Source: Reuters

LIMA, Jan 12 (Reuters) - Peru's justice minister said on Friday that President Alan Garcia's proposal to hold a referendum on introducing the death penalty for terrorists clashed with the country's constitution.

"The Article 32 of our Main Law establishes that cases limiting basic rights of people are not subject to referendums," Maria Zavala told reporters.

Zavala did not say whether Garcia would still push for the nationwide poll. "This a proposal by the president. It is not yet materializing," she said.

Garcia on Thursday proposed the Andean country hold the referendum, one day after Congress rejected his plan to apply the death penalty to terrorists.

Critics have called it "populist" and harmful to Peru's international image. But Peruvians broadly support the idea.

Many have painful memories of deadly bombings and raids by Maoist rebels between 1980 and 1998. Several thousand leftist rebels have been sentenced to long prison terms for terrorism.

Congress has to approve a referendum -- a move that analysts say is unlikely.

Garcia's death penalty proposals, including one for child rapists which has yet to be considered by Congress, helped him win last year's election.

Wednesday's 49-26 vote against Garcia's measure, which would have added the death penalty for terrorists to the penal code, was the first defeat for his 5-month-old government in Congress.

Capital punishment for terrorists is permitted under Peru's 1993 constitution. But the penal code does not allow it under any circumstance.

Congress deputies said approving capital punishment would have breached the American Convention on Human Rights, which Peru has signed. It says the signatories cannot restore the death penalty or apply it more widely.

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Last updated:Fri Jan 12 18:16:32 2007