The Public Prosecution Service is autonomous. The Prosecutor General is its head. He is elected by the Board of Supreme Prosecutors. The Prosecutor General is elected for a term of three years that may be extended, following re-election, but only for another two years. The members of the Public Prosecution Service have the same rights and prerogatives and are subject to the same obligations as the members of the Judiciary in the respective category. They are ruled by the same incompatibilities. Their appointment is subject to identical requirements and procedures as those of the members of the Judiciary in their respective category. 43. Article 64 of Legislative Decree No. 052, Organic Law of the Public Prosecution Service,26 stipulates: Representation of the Public Prosecution Service by the Prosecutor General. The Prosecutor General represents the Public Prosecution Service. His/her authority extends to all the members of this Service, whatsoever their category and special functional activity. 44. Law No. 26738,27 in force at the time of the events, amended Law No. 2662328 by authorizing the Executive Committee of the Public Prosecution Service to designate prosecutors on a provisional basis. Article 1 of Law No. 26738 regulates this: Add the following paragraphs to the Third Transitory, Complementary and Final Provision of Law No. 26623: […] i. To designate provisionally Provincial, Superior and Supreme Prosecutors in posts that are vacant, filling these from among the representatives of the Public Prosecution Service; also, to designate provisionally, on the same basis, new posts at all levels as well as the respective deputy prosecutors. 45. Law No. 26898, a law which specifies the duties and rights of judges of the Judiciary and members of the Public Prosecution Service,29 establishes the following: The National Council of the Judiciary is independent and ruled by its Organic Law. Article 154. The functions of the National Council of the Judiciary are: 1. To appoint, following an open public competitive selection procedure based on merits and a personal evaluation, judges and prosecutors of all levels. Such appointments require the vote of two-thirds of the legal number of its members. […] Legislative Decree No. 052, Organic Law of the Public Prosecution Service, promulgated on March 16, 1981. Available at: https://cdn.www.gob.pe/uploads/document/file/1115895/ley_organica_ministerio_publico.pdf. According to the text in force at the time of the events, articles 27 and 29 of the law regulated the following: 26 Article 27. Replacement of prosecutors owing to leave of absence of more than sixty (60) days. If the leave of absence is granted or extended for more than sixty days, and also in the case of the suspension from office referred to in article 184 of the Constitution, the Prosecutor General shall be replaced by the person who follows him/her in seniority. In the case of a Supreme Prosecutor, the Prosecutor General shall call on the most senior of the Superior Prosecutors specialized in the same area. If the post to cover is that of a Superior Prosecutor, the most senior Provincial Prosecutor will be called on to fill it, based on the civil or criminal nature of the functions to be performed. And, if it is necessary to replace a Provincial Prosecutor, the respective Deputy will be called on to fill the post provisionally. Article 29. Remuneration of the provisional prosecutor. Provisional prosecutors will receive the remuneration corresponding to the post they are filling, while their appointment lasts. This will be stipulated in the order issued by the Prosecutor General. Law No. 26738, promulgated on January https://peru.justia.com/federales/leyes/26738-jan-7-1997/gdoc/. 27 7, 1997. Available at: Law No. 26623, promulgated on June 18, 1996. Available at: https://docs.peru.justia.com/federales/leyes/26623-jun-18-1996.pdf. In its Second Transitory, Complementary and Final Provision, this law declared that. “on re-organizing the Public Prosecution Service,” certain articles of the Organic Law of the Public Prosecution Service (Legislative Decree No. 052) would be suspended and established that “[t]he functions of administration and management of the Public Prosecution Service w[ould] be assumed by the Executive Committee of the Public Prosecution Service.” This provision was later amended by Law No. 26695, promulgated on December 2, 1996. Available at: https://peru.justia.com/federales/leyes/26695-dec-2-1996/gdoc/. 28 Law No. 26898, which establishes the duties and rights of magistrates of the Judiciary and of the Public Prosecution Service, promulgated on December 10, 1997. Available at: https://docs.peru.justia.com/federales/leyes/26898-dec-12-1997.pdf. Article 3 of this law established: 29 13