Supreme Court Judge Saúl Peña Farfán rejected the request made by the defense of the former Attorney General Patricia Benavidesto recuse himself from hearing the request for his client to be prohibited from leaving the country. The magistrate considered that there was a lack of grounds in the lawyer’s request.
“Given the lack of grounds justifying the challenge, it is impossible to potentially support the appeal before the corresponding authority. The document that supports the appeal filed is the basis and no grievances can be added that were not initially raised within the legal period and before its concession,” states the document cited by RPP.
On August 16, Saul Peña declared inadmissible the request made by Benavides’ defense to recuse her from the request to prohibit her from leaving the country for 36 months. However, this decision was appealed by the legal defense of the dismissed former prosecutor, but was declared “inadmissible” by the magistrate.
Benavides’ defense requested that Judge Peña Farfán recuse himself “in order to avoid any questioning of impartiality and transparency,” given that Peña and Benavides intervened in an administrative process against a decision issued by the then National Council of the Judiciary.
“There is no reason to believe that your part could be affected by my intervention; these are assumptions that cannot be considered as a serious reason that affects my impartiality as the judge in charge of this case and my independence in accordance with the Peruvian Political Constitution and the International Treaties on the matter,” the magistrate stressed in a resolution issued on August 16 in which he declared the provisional judge to be “inappropriate.”
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