“The SCA acknowledges that the DPP is currently headed by the Acting Defensora del Pueblo while the selection and appointment of the new Defensor is ongoing. It notes that the appointment process of the new Defensor has been challenged by the Union of the Defensoria before the Constitutional Tribunal on the ground of lack of transparency. The SCA was informed by the DPP that the process before the Constitutional Tribunal may take between 9 to 12 months to conclude.
The SCA was also informed that, twice in the past, there have been delays in the appointment of a Defensor for a period of approximately five years.
The SCA recommends that the DPP advocate for a timely selection and appointment that ensures continuity in the leadership in line with the minimum standards of independence, effectiveness and continuity of an NHRI. Such selection and appointment process shall include a clear, transparent and participatory process that promotes merit based selection and ensures pluralism. The SCA is of the view that there is a need to maintain the permanency and institutional independence of an NHRI.”