The Ombudsman affirmed that upon admission of a claim for amparo by the former Attorney General of the State daniel soriaIt corresponds to Executive power refrain from naming a replacement until the legality of his dismissal is definitively determined.
“To act otherwise would make arbitrariness irreparable,” the entity said on its institutional Twitter account, where it reiterated that the dismissal of Soria Luján “openly transgressed” the law of the Attorney General’s Office, and with it the constitutional principle of autonomy of the justice system.
“In our opinion, it is up to the Judiciary to determine the illegality of the dismissal and correct such fact within a reasonable time”indicated the Ombudsman’s Office on the social network.
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As recalled, the Judiciary admitted for processing the amparo claim filed by Daniel Soria Lujan with which he seeks to be restored to the position of Attorney General of the State, a position from which he was separated by the former Minister of Justice and now Prime Minister, Hannibal Torres.
The Second Constitutional Court of Lima, in charge of Judge Elizabeth Salas Fuentes, issued the resolution ordering the appeal filed by the former attorney to be processed.
The amparo asks to declare null and void for “illegal and unconstitutional” the supreme resolution 0234-2022-JUS of February 1, signed by the president peter castle and the then Minister of Justice and Human Rights, Hannibal Torres.
He also asks that all the actions related to this decision be annulled and that, in that line, the resolution that appointed him in the position at the head of the Attorney General’s Office in 2020, during the government of Martin Vizcarra.
The amparo lawsuit also proposes that the Judiciary urge the president peter castle and to the Ministry of Justice and Human Rights (Minjusdh) that they refrain from engaging in conduct that violates the Constitution.
Judge Salas ordered ten days for the defendant (the Ministry of Justice) to present their defenses and indicated that there will be a single public hearing to evaluate the case, which will be the May 5 at 12 pm.
