The magistrate of the El Pedregal Preparatory Investigation Court, Hiancarla Dongo Esquivel, first ordered the release of 2 detainees for the alleged crime of aggravated robbery and after 2 hours of pre-trial detention hearing, He accepted the request of the Prosecutor’s Office for 7 months of preventive detention and ordered the arrest warrant.
Luis Ramos Yanos and Carlos Mamani Huarahuara were arrested on July 14 by officers in the district of El Pedregal in the province of Caylloma for stealing from a home and even they shot at the policemen during the chase.
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After 48 hours, the hearing was held where the The Prosecutor’s Office requested preventive detention for the detainees, but before the beginning of the process, the lawyer of the investigated requested the release, arguing that the preliminary detention term had expired.
Judge Dongo Esquivel verified that the detention was at 5:30 p.m. on July 14 and not at 7:00 p.m., as the Public Ministry would have stipulated, therefore, at note 2 hours of excess detention, he agreed to the lawyer’s request and ordered his release.
From the Superior Court of Justice of Arequipa, through a press release, they reported that the judge is the guarantor of the rights of citizens and therefore, an abuse of authority cannot be committed and validate excessive detention, because it is illegal.
During the preventive detention hearing, the Prosecutor’s Office supported the request for preventive detention and argued that those under investigation had a criminal record, in addition to the danger of flight because they did not have family roots and work, reasons that would force them to remain in El Pedregal and not escape.
Consequently, the The magistrate agreed with the Prosecutor’s Office and ordered the preventive detention of Luis Ramos Yanos and Carlos Mamani Huarahuara for 7 months and ordered the arrest warrant for the Police to re-arrest the alleged criminals to be imprisoned in the prison, while they face the investigation.