Peru judiciary rejects habeas corpus for Pedro Castillo

A constitutional judge in Lima, Ana Osorio, has dismissed a habeas corpus petition seeking the immediate release of former Peruvian President Pedro Castillo. The defense, led by lawyer and former Defense Minister Walter Ayala, argued that Castillo’s detention was arbitrary following his failed coup attempt on December 7, 2022.

The petition relied on a report from the United Nations Working Group on Arbitrary Detention, which concluded that the detention lacked a legal basis and recommended his release. However, Judge Osorio ruled the request “improcedente” (inadmissible), stating that the UN report does not constitute a jurisdictional decision that is binding on the Peruvian state.

In her ruling, the magistrate noted that the UN Working Group is an extra-conventional procedure of the Human Rights Council. She cited a Constitutional Court pronouncement indicating that Peru has not expressly submitted itself to this specific body, meaning its opinions do not directly impact internal judicial decisions or processes.