Lima, February 29, 2024 — A Peruvian court is now weighing a legal challenge aimed at protecting the Mexican Embassy in Lima and safeguarding former Prime Minister Betssy Chávez Chino from potential arrest. This comes after statements from the Peruvian President suggesting a possible forceful entry into the embassy to execute a preventative detention order against Chávez.
Embassy Protection Case Gains Traction Amidst Political Tension
The legal action seeks to prevent Peruvian authorities from entering the Mexican Embassy to arrest Betssy Chávez Chino, a former government official.
- The Tenth Specialized Constitutional Court of the Superior Court of Justice of Lima has agreed to hear the case.
- The lawsuit stems from concerns over statements made by President José Jeri regarding a potential raid on the embassy.
- The plaintiff argues that such actions would violate international law, specifically the Vienna Convention.
The case, initiated by citizen Rubén Serpa Valdez, centers on comments attributed to President José Jeri, where he reportedly indicated a willingness to use force to enter the Mexican Embassy to carry out a preventative detention order against Betssy Chávez. The plaintiff contends these statements represent a “real, certain and imminent threat” that infringes upon Article 22 of the Vienna Convention, which guarantees the inviolability of diplomatic missions.
What does the Vienna Convention say about embassy protection? The convention explicitly protects diplomatic headquarters from any intrusion or action that could compromise their function, ensuring a safe haven for diplomatic personnel and those seeking refuge within its walls.
According to the legal filing, neither the Public Ministry nor the Judiciary have the authority to issue arrest warrants enforceable within a foreign embassy, citing a lack of jurisdictional authority. The lawsuit requests that the court recognize the serious threat to the embassy’s inviolability and issue an order prohibiting any authority – including the President, the National Police, the Public Ministry, and the Judiciary – from entering, raiding, or intervening in the Mexican Embassy.
Beyond preventing a potential raid, the lawsuit also requests the immediate issuance of a safe passage for Betssy Chávez Chino and a cessation of any acts of harassment against her. The court has directed the lawsuit to the public prosecutor’s offices of the Presidency of the Council of Ministers, the Ministry of Foreign Affairs, the Ministry of the Interior, and the Judiciary. These entities have three days to respond to the claim and present their defense before a ruling is issued.
This legal battle underscores the delicate balance between national law enforcement and international diplomatic protocols, particularly when political figures are involved.
