The head of the Ministerial Cabinet, Aníbal Torres, referred to the complaint filed by the National Prosecutor, Patricia Benavides, against President Pedro Castillo and announced that he will request an opinion from the United Nations in this regard.
In a conference with the foreign press, he pointed out that the head of the Public Ministry based her accusation on the fact that the Code of Criminal Procedure and the Constitution are not applied, but rather the United Nations Convention against Corruption.
“It is not about applying the Convention, but about discussing an ongoing national case in accordance with national legislation. I am going to ask the United Nations to issue an opinion on the matter”he expressed.
Torre Vásquez stated that said Convention has issued a statement detailing that Article 25 does not oblige States to take measures to prevent the obstruction of justice in the investigation of corruption cases.
Rather, Article 25 requires that states are required to take legislative or other measures to establish as criminal offenses certain actions that intentionally interfere with a judicial or law enforcement official in relation to the offenses set forth in the Convention. ”he read.
“Neither article 25 nor article 30 of the Convention are self-executing, which means that in any potential case the authorities would be applying national legislation and not the Convention directly as such”he added.
In this sense, the prime minister warned that if the Nation’s prosecutor is not taking into account any of the scenarios contemplated in article 117 of the Constitution, with which it would be “blatantly violating” the Magna Carta of 1993.
“The Nation’s prosecutor in that complaint is not pointing out any of these cases, therefore she is clearly violating the Constitution and we hope that Congress, if it acts impartially, immediately submits the Nation’s prosecutor to an investigation”sentenced.
