César Hinostroza Pariachi again resorts to Constitutional Court in search of ensnaring the criminal process that is being followed in the case The White Necks of the Port. After being rejected twice by the Judiciarya new habeas corpus in favor of the fugitive former supreme judge reached the highest interpreter of the Constitution.
With this constitutional resource, Hinostroza demands that crucial resolutions issued in 2018 by the Congress of the Republic and the Judiciary for allegedly violating his right to freedom.
These are the legislative resolutions that approve the lifting of the political pretrial against the former judge and the judicial resolution that approves the formalization of the preparatory investigation. These provisions are necessary so that the Prosecutor’s Office and the Judiciary can criminally prosecute a senior official. If they are annulled, there is a risk that the case will be truncated.
The objective of Hinostrozaaccording to his claim, is that the Subcommittee on Constitutional Accusations congressional carry out the pretrial procedure again “respecting fundamental rights (control of legality of the recordings that supported the constitutional accusation), as well as the constitutional principles and guarantees provided for in our Political Constitution.”
That’s not all. César Hinostroza also seeks that the T.C. annul the resolution of the Supreme Preparatory Investigation Court with which he was imposed 36 months of preventive detention and the ruling of the Special Supreme Criminal Chamber that confirms said measure.
Communications violation?
The former judge’s main argument is that all of the aforementioned resolutions (from the Judiciary and Congress) were based on evidence supposedly obtained illegally: the recordings of the telephone calls he made and received.
As is remembered, the network of ‘The White Necks of the Port‘ It was discovered while the case was being investigated The Castanets of Richport in 2018. In the latter case, a Preparatory Investigation Court of Callao authorized the real-time interception of telephone numbers of lawyers and other subjects to be identified, one of them being Hinostroza.
The illegal, according to Hinostrozais that by that year he was already serving as supreme judge. That is, he was a high official. In addition to the benefit of political pre-trial, the law establishes that senior officials can only be investigated by the Attorney General and prosecuted in the Supreme Court.
For this reason, the former magistrate affirms that the evidence against him was obtained outside the law, violating his rights to the secrecy of communications, to a competent judge and to a procedure predetermined by law.
It is important to specify that César Hinostroza has unsuccessfully used the same arguments in the criminal proceedings of the case The White Necks of the Port for the order to be annulled Callao Court and the recordings of their telephone conversations are declared illegal and prohibited evidence.
Hinostroza is aware that with the habeas corpus The illegality of the audios could not be declared. At most, the legislative and judicial resolutions that have these elements as their starting point would be annulled.
However, in the event that the pronouncement of the T.C. is favorable, Hinostroza could take advantage of it to try once again to have the criminal justice system classify the audios that compromise him as illicit evidence.
Impatient
On September 12, the former supreme judge César Hinostroza submitted a letter to Constitutional Court in which he claims that, even though his file arrived in February, the hearing has not yet been scheduled. He even mentions that he would be a victim of unequal treatment because other cases, which came some time after his habeas corpuswere prioritized.
“On February 1, 2024, this constitutional process of habeas corpuswhich aims to protect my individual freedom. However, to date no day has been set for the hearing of the case, unlike other processes that have come a long time later (Pedro Castillo and Vladimir Cerrón case), whose hearings have been scheduled for the 19th of this month (September )”, he claimed Hinostroza.
The secretary of the Second Chamber of the TC responded to the former supreme judge that it is the power of the chamber to determine whether a case deserves to be heard in a hearing. Only in that case will the parties be summoned.
Point of order
It is not the first time that a habeas corpus in favor of César Hinostroza arrives at Constitutional Court. The same year that the scandal exploded, his son unsuccessfully filed an appeal against the same resolutions that the former judge now seeks to annul.
Precisely, that unfavorable pronouncement of the T.C. (file 04139-2019-HC) is the reason why the new habeas corpus was declared inadmissible under the grounds of “res judicata” in the Judiciary.
Hinostroza Pariachi is not satisfied with these decisions and demands a new substantive statement. He states that he habeas corpus that his son presented was without his consent and with arguments that totally differ from this new lawsuit.
The former supreme judge also recalled that the former dictator Alberto Fujimori and the ethnocacerista leader Antauro Humala They presented up to three habeas corpus to get out of prison, but with different arguments between each new demand. In these cases, the fugitive former magistrate maintains, the cause of “res judicata” was not invoked, but rather each appeal was properly addressed.
On everyone’s lips
In the last month, the name of César Hinostroza has once again been touched on the front pages by the Andrés Hurtado case.
The senior money laundering prosecutor is involved in this investigation. Elizabeth Peralta Santurwho is also investigated in the Cuellos Blancos case for calls with Hinostroza.
According to IDL-Reporterswe seek to determine if there was any undue interference of Hinostroza in the appointment of Peralta.
Extradition
Delay. He Supreme Preparatory Investigation Court approved to request the arrest for extradition purposes of César Hinostroza in June of this year. However, this decision has not yet been ratified by the Permanent Criminal Chamber.
Procedure. Once the provenance is confirmed, the Executive must issue the supreme resolution with which the request is made official to the authorities of the Kingdom of Belgium.
The charges against the former supreme judge
In his capacity as former supreme judge, up to six acts are attributed to him. César Hinostroza. For example, Hinostroza would have instigated Walter Rios to hire his sister-in-law Superior Court of Callao and would have promised favors to appoint Maico Fernandez Morales as supernumerary judge.
The former supreme judge is also accused of promising alleged “reciprocal favors” to former councilors. Ivan Noguera, Julio Gutiérrez Pebe and Guido Aguila to vote in favor of the ratification of the former constitutional judge Ricardo Chang Racuay.
Hinostroza He would also have coordinated with the former advisors Noguera and Gutierrez to guarantee the ratification of the criminal judge Frey Messiah Tolentino Cruz.
Likewise, the former magistrate would have agreed to intercede, at the request of Ivan Nogueraso that William Franco Bustamante be hired in the Supreme Court.
Likewise, the Prosecutor’s Office accuses César Hinostroza be the leader of the criminal organization’The White Necks of the Port‘. The former judge seeks to file this accusation under the protection of the Law 32108 that modifies the rule on organized crime.
