Author (s): Javier La Rosa Street
Examining the work done in the last year and seeing in perspective the last four years of the present administration, we have serious considerations to argue that poor progress in this field. To substantiate this claim we use as performance indicators that there are three kinds of barriers or obstacles that impede Access to justice: the institutional barriers that affect all people, regardless of their social or economic barriers that affect economic transactions and the development of a country and population sectors and precarious, and social barriers that affect certain social groups, especially those traditionally excluded [1]. That is, we compare whether or not progress was made in reducing or eliminating these barriers.
1. Regarding the institutional barriers. Here we highlight two themes relevant to understanding the insufficient progress has taken place. On the one hand the "overload procedural" as a factor delaying the judicial process and thus, accentuates the distress of citizens litigating. On the other hand, the budget allocated to the judiciary, which, poorly managed, there would be served real needs for access to justice.
Regarding the former, not surprising that the authorities of the judiciary and the justice system insist on arguing that the procedural overload problem stems from a too many input new cases, when their own statistics show that in recent years there has been little change in this regard. Avoided referring to the real causes of this problem, one of which is related to the insufficient resolving power of judges, which explains the excessive number of pending cases.
On the other hand, it is telling that in the past four years the Judicial Branch budget has increased significantly, which should have meant an improvement in services, however, unfortunately has occurred. On the contrary, has increased the negative perception of citizens about the judiciary, as seen from specialized surveys [2]. Justice officials should ask themselves why this increased allocation of resources has not meaning positive changes.
2. Regarding economic barriers. Here we refer to two aspects little studied to understand the magnitude of this problem: the costs of a judicial process and corruption as a phenomenon that discourages resort to the courts. Regarding the former, the formal costs are a direct form of discrimination for people with fewer economic resources, which has not undergone significant changes in government action. Although, in recent years has increased the number of public defenders in some judicial districts, this has been true for meet the requirements of the new Code of Criminal Procedure. For other topics, there has been substantial and is still pending the effective enforcement of the Law on Public Defence Service (Law 29360).
In the case of corruption, as this subject is discussed in another article in this newsletter, just mention that the International Transparency Report 2007 devoted to judicial systems, was located in Peru one of the first places in levels of corruption. [3]
3. Regarding the social barriers referring to the obstacles that affect social groups' vulnerability, we believe that there is little or nothing to ensure progress in the judicial districts with a population whose mother tongue a language other than Castilian, interpreters to ensure that citizens understand the process.
However, it should be noted the Whole Agreement No. 1-2009/CJ-116 of the Supreme Court, which established as criteria binding on all judges of the Republic should be interpreted as Article 149 of the Constitution referred to the specialized jurisdiction of the rural communities native, also comprised the rural patrols. We think it was important that this standard is determined that these organizations are crucial to overcome some of these language and cultural barriers, especially in rural areas.
special mention is the case with the Justice of Peace is another article. In any case, do not appreciate a consistent and coherent state decision to reverse or mitigate these barriers, as although there have been some measures, these have been isolated, under the authority of the moment and therefore ephemeral. Unfortunately, the balance on this issue has been negative. ----------------------------------------------
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[1] Taken from Bhansali, Lisa "Peru-The chance of a different country, prosperous, equitable, and governable" World Bank, 2006. Quoted in article Access to justice as a condition for judicial reform seriously. Javier La Rosa Street, published in Law Journal No. 62, Fondo Editorial Pontificia Universidad Catolica del Peru, Lima 2009.
[2] may be revised Opinion Institute poll Public Pontificia Universidad Catolica del Peru (http://www.pucp.edu.pe/puntoedu/images/documentos/institucionales/justiciaoctubre2009.pdf).
[3] can be reviewed: http://www.justiciaviva.org.pe/nuevos/2007/mayo/31/informe_global-ingles.pdf
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