Iván Meini on Betssy Chávez: "It is not a guarantee that he has delivered the passport"

Ivan Meini He has been deputy anti-corruption prosecutor, head of the investigation unit of the National Anti-Corruption Office and advisor to the office of the National Prosecutor’s Office. Perú21 analyzes the legal situation of the ex-premier Betsy Chavez.

Can Congress request an impediment to leave the country against Betssy Chávez?

Yes, you can do it and the response given by the Judiciary is in accordance with the law. In other words, a request and a judicial decision to prevent a person from leaving the country must be duly motivated and if it is a precautionary measure, as in this case, it must explain the reasons. This request must be accompanied by probative material, it must be credible and it must have a deadline. Without these requirements, the judge cannot order an exit impediment. Therefore, the Permanent Commission has to correct these requests from the Judiciary.

There are specialists who consider that Congress does not have this constitutional power.

Congress does have this prerogative in this type of investigation, Congress in these cases can request it, but who will have to decide if this request proceeds or not is the Judiciary. What Congress cannot do is prevent the departure of a person. Precisely the Congress and the Permanent Commission have the information and evidence that would justify this measure.

LOOK: Betssy Chávez: Judge gives Congress three days to rectify the request for an impediment to leave the country

How can you justify this request?

Considering that political asylum is a possibility, there are several embassies in national territory where Mrs. Chávez could enter. The fact that she has handed over her passport is not really a guarantee that she will not attempt an action to evade justice. The most logical thing in these cases is that it is a clandestine escape, as happened with former minister Juan Silva and the case of former president Fray Vásquez’s nephew.

What about the congressional payments you received as a minister?

They only make his situation worse because, in principle, he has not returned the remuneration collected as a congressman. It would not be a function crime, but it does imply some administrative responsibility and a motion for the Congressional Ethics Commission to initiate an investigation.