Retired PNP General Luis Vera Llerena presented a precautionary measure before the Sixth Constitutional Court of the Superior Court of Justice of Lima in which he requests to be reinstated in the position of General Commander of the National Police from which he was separated by President Pedro Castillo , via the supreme resolution of August 26, 2022.
The request for a precautionary measure is part of the Amparo Action that Vera Llerena filed with said court seven days ago. This is the first time that a police chief has asked for his incorporation in said position. Previously, other officers requested and achieved their incorporation into the institution, considering that they went into retirement violating their rights, but not in a specific position.
“We seek to set a precedent of respect for the fundamental rights of national police officers who are often subjected to arbitrary acts by the executive branch. A commanding general cannot be removed on a whim or at his whim by the President of the Republic”declared the lawyer José Luis Castillo Alva, legal representative of Vera Llerena.
The lawsuit proposes that Supreme Resolution 132-2022, published in the newspaper El Peruano, on August 27, which removed him as commander general and made him retire, be annulled. Thus, with the precautionary measure, it is sought that this reincorporation be carried out immediately, so that the damage caused does not become irreparable..
Vera Llerena maintains that her retirement was illegal and unconstitutional since it would have been carried out in response to the support she had been providing to the Special Team of prosecutors and police officers who investigate the corruption of power and, after the raid, lockout and search carried out in the Government Palace and the arrest of Yenifer Paredes, the sister-in-law of the President of the Republic, Pedro Castillo.
“After expressing my support for Colonel PNP Harvey Colchado Huamani and defend the autonomy of the Special Police Team to support the National Prosecutor’s Office for corruption casestwo days later, on August 27, 2022, supreme resolution 132-2022-IN was published in the official newspaper El Peruano, through which, in a completely innovative manner, my appointment to the position of Commander-in-Chief of the PNP and I am in the retirement situation”, states the precautionary measure.
In addition, it underlines that on August 25, President Pedro Castillo’s lawyer filed a complaint with the National Police Inspectorate against Colonel Harvey Colchado Huamani. “They did not even wait a few days, a week or a reasonable time to remove me from office, but my departure was made and executed immediately after the complaint against Colonel Harvey Colchado was filed by the president,” he notes.
The precautionary measure request adds that during the three months in which he served as General Commander of the PNP He directed various operations aimed at the fight against corruption and organized crime, at the national level, achieving the dismantling of different criminal organizations.
Detail that in his management operations were carried out against “Los Pulpos de Tacna”, mega-operative “Cerro Grande” in Lima and Junin; “The municipal cashiers” in Paita, Piura; “Los Capos de Huama”, in Trujillo, Arequipa, Cajamarca, Chimbote and Lima; “Los Corruptos de Marcona”, in Marcona, Nazca, Ica and Lima; “The Hospitallers”, in Huamanga, Ayacucho; and “The Academics of the South”, in Moquegua, Ilo, Arequipa, Cusco and Lima.
The precautionary measure, signed by the well-known lawyer José Luis Castillo Alva, explains that the request for reinstatement complies with the legal grounds for the protection of constitutional rights and prevents the damage from becoming irreversible and affecting public order.
According to article 19 of the New Constitutional Procedure Code, “the judge to grant the precautionary measure must ensure that the request is adequate or reasonable, that it has the appearance of law and that there is reasonable certainty that the delay in its issuance may constitute a irreparable damage”.
In this regard, it indicates that the resolution that makes him retire violated the principle of motivation of administrative decisions, democratic legality, due process, since it did not express the minimum reasons that supported the decisions to remove him from office.
“Thus, the defendant, Mr. José Pedro Castillo Terrones, and the Minister of the Interior, Willy Huerta Olivas, in exercising their discretionary power, have engaged in arbitrary and unconstitutional conduct, given that there is no due reason for their decision, nor has expressed an objective justification for the retirement pass”, he describes. Therefore, it is requested that a control of the discretionary powers of the President of the Republic be carried out to remove the chief of police, since according to what was determined by the Constitutional Court , are not outside the constitutional examination of the decision.
