Full Case Name:  Judgment 00316-2018-0-1801-SP-CI-01, use of horses by law enforcement - Peru

Share |
Country of Origin:  Peru Court Name:  SUPERIOR COURT OF JUSTICE OF LIMA FIRST CIVIL CHAMBER Primary Citation:  00316-2018-0-1801-SP-CI-01 Date of Decision:  Monday, December 16, 2019 Judge Name:  Paredes Flores Docket Num:  00316-2018-0-1801-SP-CI-01
Summary: This case concerns the use of horses as transportation and control by police. The suit was brought by the Peruvian Institute of Legal Counsel for the Environment and Biodiversity against the Ministry of the Interior to challenge a law relating to the police force and the use of horses. The Institute cites Law 30407, which prescribes the protection of animal welfare, as the horses are put in peril when used in policing matters. In its ruling, the court discussed issues of animal welfare, constitutionality, and judicial precedent, including the interpretation of the word "mounted" in Article 229(6) of the Police Law Regulations, which specifies the functions of the special police and when the use of "mounted police" is justified. Animal welfare concerns led the court to partially invalidate the lower court decision, removing the word "mounted" from numeral 6 of Article 229 of the Police Law Regulations. However, the ruling did not prohibit the use of horses for crowd control.
Documents:  PDF icon Peru-2023-case-horses-law-enforcement-Corte-Sup-Justicia- Expediente-23347-2021-Lima-Spanish.pdf (951.22 KB) PDF icon Peru-2019-case-law-enforcement-horses-01-SP-CI-01-Corte Superior de Justicia de Lima-sala-civil-Spanish.pdf (252.64 KB)

See summary in Spanish. 

*Excerpt of the article subject to partial invalidation by Judgment 00316-2018-0-1801-SP-CI-01, 2019.


MINISTRY OF THE INTERIOR

SUPREME DECREE

No. 026-2017-IN

LEGISLATIVE DECREE No. 1267, LAW OF THE NATIONAL POLICE OF PERU

...

Article 229.- Special Services Division The Special Services Division is the decentralized, technical, systematic, normative, operational, and specialized organic unit responsible for planning, organizing, directing, evaluating, coordinating, executing, and controlling specialized police activities and operations aimed at preventing, maintaining, and restoring public order and helping to guarantee internal order within the territorial demarcation of Metropolitan Lima or nationally if necessary and when required by the Police Regions, with the express authorization of the Deputy Director General of the National Police of Peru. Additionally, it is responsible for participating in and ensuring the normal conduct of public events with massive attendance or considered high-risk, demonstrations, public meetings, gatherings, marches, and other similar activities that may cause public order disturbances and require intervention, within the framework of crime and misdemeanor prevention, in accordance with the relevant regulations. It reports to the Chief of the Lima Police Region and is led by a Senior Police Officer of the National Police of Peru on active duty, holding the rank of Colonel.

The Special Services Division of the Lima Police Region has the following duties:

...

6. Plan, organize, direct, evaluate, coordinate, execute, and control specialized police activities and operations in crowd control, which require the use of Mounted Police in events and public shows within its functional scope.
Share |