Peru: Attorney General's Office submits bill to regulate destination of corpses

15:02 | Lima, Sep. 14.

Attorney General Zoraida Avalos on Tuesday submitted a bill to Congress aimed at allowing judges or prosecutors to decide on the final destination of dead bodies in case of a potential detriment to public order.

The rule —which modifies Article 114 of the General Health Law— authorizes justice officials to stipulate the cremation of people's bodies, whose transfer, funerary, or burial may put public safety and order at serious risk.

If passed, the rule will also apply to the case of Shining Path terrorist ringleader Abimael Guzman, whose cadaver is currently at Callao's Morgue.

The Public Ministry explained that the legislative initiative seeks to close the existing legal loophole in the national legislation, which only considers the destination of unclaimed and unidentified bodies.

Constitutional Court sets precedent

The Attorney General's Office stated that Article 113 of the Constitution establishes that special laws may be passed because they are required by the nature of things.

Likewise, it emphasized that the Constitutional Court claims that the Constitution foresees the exceptional possibility to establish special rules when these are based on objective and justified reasons.

Finally, it stated that the bill is within the current constitutional and legal framework, while the exercise of constitutional rights must be in harmony with public order and; on the other hand, public safety is a fundamental right guaranteed by the State.


Published: 9/14/2021
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