a High-Level Mission from the OECD Working Group on Bribery arrived in Lima to address issues related to judicial and prosecutorial independence in Peru. The Mission is taking place in the context of the implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, of which Peru is a Party since July 2018. Under Article 5 of this Convention, Parties are required to prevent undue influence in the investigation and prosecution of cases involving bribery of foreign public officials.
The Working Group on Bribery is composed of the 46 State Parties to the Anti-Bribery Convention, including Peru. This Group oversees the implementation of the Convention by its member States. Its decision to send a High-Level Mission to Lima to meet with senior officials was driven by concerns regarding judicial and prosecutorial independence. The mission was led by the Chair of the Working Group, Kathleen Roussel, accompanied by several delegates from the group.
The OECD Working Group on Bribery has expressed its concern over developments that could jeopardise judicial and prosecutorial independence in Peru during meetings with senior Peruvian officials from the executive, judicial, and legislative branches. These included the President of the Council of Ministers, the Minister of Justice and Human Rights, the President of the Judiciary, the President of the National Superior Court of Specialized Criminal Justice, as well as the President and Vice President of Congress, and senior members of both the Justice Commission and the Subcommittee on Constitutional Accusations of Congress.
The Working Group notes that, since 2023, some prosecutors from the Lava Jato Special Team, an anti-corruption unit established in 2016 to coordinate Peru's investigations into bribery linked to Brazil's Lava Jato scandal, have been subject to disciplinary proceedings and prosecutorial investigations while continuing to hold their positions and perform their duties.
During the same period, initiatives were also introduced to disqualify certain members of the National Board of Justice, alongside a legislative proposal to replace the Board with a National School of Magistrates. This proposal must be carefully assessed to avoid potential impacts on transparency and accountability in the processes of appointing and disciplining judges and prosecutors. Similarly, recent reforms to Peru's legal framework regarding cooperation agreements and asset forfeiture could undermine prosecutors' ability to pursue those responsible for acts of corruption.
These developments raise concerns about the ability to investigate cases of international bribery, as required by the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
"We appreciate the willingness of officials from all three branches of the Peruvian government to meet us and discuss our serious concerns," said Kathleen Roussel, Chair of the Working Group on Bribery. "Peru made great strides in fighting corruption, including launching several high-profile corruption investigations in recent years against senior officials. To maintain this momentum, it is essential for Peru to take proactive steps to protect prosecutors and judges from political interference."
Subsequently, Mr Eduardo Melchor Arana Ysa, Minister of Justice and Human Rights, stated: "It is a permanent concern of the Peruvian State to search for a better administration of justice. Peru is a democratic country that respects the separation of powers and the institutionality that is enshrined in our Political Constitution, as well as international treaties. We have made every effort to ensure that you have the greatest independence during your meetings. We are sure that the mission, in the coming months, will carry out an adequate evaluation, based on the information collected."
