Practice Relating to Rule 100. Fair Trial Guarantees
Section K. Public proceedings
Peru’s New Code of Criminal Procedure (2004) states: “Every person has the right to … public ... proceedings, carried out before conviction and in conformity with this Code.”
Peru’s Code of Military and Police Justice (2006) states that “the principles of … public proceedings … shall be respected during trial”.
Peru’s Military and Police Criminal Code (2010), which includes provisions on crimes under international humanitarian law, states in a chapter entitled “Oral and public trial”:
The trial must be public. Nevertheless, in the following cases the Chamber or the Military and Police High Court may decide with reasons to hold the proceedings partially or completely in private if:
1.-The chastity, private life or physical integrity of any of the involved parties is affected;
2.-An official, professional, particular, commercial or industrial secret is endangered whose revelation would cause serious harm, in accordance with the legislation on this matter;
3.-A minor’s statement is heard; and
4.-Because of threats against the national security and defence.