The Power of attorney evaluates today the protection of rights presented by the legal defense of the Republic President, peter castleto annul the constitutional complaint filed by the National Prosecutor, Patricia Benavidezagainst the head of state.
Pedro Castillo LIVE: hearing of the Judiciary
Hearing concludes
The rights protection hearing concluded. Judge Juan Carlos Checkley announced that he will resolve the guardianship within the legal term.
Benji Espinoza: Harmful act has already been completed
Benji Espinoza maintains that the damaging act has already been consummated by presenting the constitutional complaint against President Pedro Castillo. Therefore, the intention of the protection of rights is to annul said act.
Attorney intervenes
The representative of the State Attorney General’s Office points out that the guardianship should challenge a current harmful act; this in relation to the fact that after the constitutional complaint one could speak of a preparatory investigation.
It also maintains that the complaint has not yet been admitted by Congress.
Complaint also includes former ministers
Prosecutor Marco Huamán points out that the complaint filed by the National Prosecutor not only includes President Pedro Castillo, but also former ministers Juan Silva (MTC) and Geiner Alvarado (Housing).
Prosecutor indicates that there are no reasons to annul the complaint of the Nation’s prosecutor
According to the prosecutor, the complaint filed by the Prosecutor’s Office corresponds to a valid procedural act and ensures that there are no valid arguments to declare its nullity.
Supreme Prosecutor intervenes
Deputy Supreme Prosecutor Marco Huamán points out that the complaint filed by the National Prosecutor, Patricia Benavides, does not go against what was previously ordered by the judge.
UN Convention is not about DD. HH., argues Espinoza
Benji Espinoza argues that the UN Convention is not about human rights and, if it were, it should have gone through a process of constitutional reform before being ratified by the president. For this, its approval by an absolute majority of Congress would be necessary; Next, a referendum had to be called.
The UN Convention against Corruption would not apply
Benji Espinoza maintains that the UN Convention against Corruption cannot be applied, as proposed by the Attorney General’s Office.
Benji Espinoza: “The guardianship is to remind the Prosecutor’s Office that it has limits”
Pedro Castillo’s lawyer continues with his statement requesting that the complaint by the National Prosecutor against the president be declared null and void.
He added that the office of the Supreme Judge Juan Carlos Checkley – who sees the request – had already set the limits on the investigations that could be carried out against the President of the Republic.
Hearing resumed to evaluate protection of rights presented by Castillo
The Judicial Power resumed the hearing where the protection of rights presented by Pedro Castillo is evaluated with which he seeks to annul the constitutional complaint presented by the Nation’s prosecutor.
The lawyer for the head of state, Benji Espinoza, gives his arguments to support his request and that it be taken into account by the judge.
Hearing suspended until noon
Supreme Judge Juan Carlos Checkley admits the Attorney General’s request and suspends the session until noon so that the representatives can learn about the request for protection of rights.
Attorney asks for rescheduling
The Attorney General’s Office requested the rescheduling of the hearing to take cognizance of the request for protection of rights in favor of President Pedro Castillo. Thus, it seeks to analyze the foundations of the request made by the head of state. The Prosecutor’s Office agrees with the request.
Connection issues
Connection problems are recorded at the rights protection hearing. Transmission is suspended.
Benji Espinoza intervenes
The president’s lawyer, Benji Espinoza, had his first intervention in the rights protection hearing that seeks to annul the constitutional complaint filed by the Nation’s prosecutor against President Pedro Castillo.
Espinoza questioned whether representatives of the Attorney General’s Office participate in the hearing.
Hearing starts at 10:00 a.m.
The hearing of the Judiciary is scheduled to start at 10:00 am this Thursday, October 27. Likewise, it will have the presence of a representative of the Prosecutor’s Office, of the person under investigation and his technical defense.
was the lawyer benji espinoza who filed the appeal on October 11, where he demands the annulment of the complaint filed by the Public Ministry because it affects the effective jurisdictional protection; that is, “for disobeying judicial resolution No. 4 dated June 22, 2022”.
the supreme judge John Charles Checkley will be in charge of the decision through a virtual hearing. This will take place from 10:00 a.m.
The session will be attended by a representative of the prosecution, of the investigated and his technical defense. The three actors must attend on a mandatory basis.
Pedro Castillo requests rectification from the National Prosecutor
President Pedro Castillo asked the Prosecutor of the Nation, Patricia Benavidesthat the content of the complaint filed against him be rectified, due to the alleged crimes of aggravated criminal organization, collusion and influence peddling to the detriment of the State.
Against this, the Public ministry determined that the accusation would not be rectified because the request was not properly substantiated.
Complaint against Pedro Castillo
Patricia Benavides filed a constitutional complaint against the head of state in order to continue the investigations from the Prosecutor’s Office.
However, article 117 of the Constitution states that the president can only be investigated during his mandate for four specific assumptions – which do not include Benavides’ arguments.
