He Congressthrough its attorney Manuel Peña Tavera, presented an appeal to the Constitutional Court to declare void the voting act in which the jurisdictional claim that the Legislature had presented against the Judiciary was declared unfounded. This is for having supported the return to the JNJ of two of its members who had already been dismissed: Inés Tello and Aldo Vásquez.
In a letter published in the media and addressed to the president of the TC, Luz Pacheco; The Parliament’s attorney, Manuel Peña Tavera, requested that the voting act be declared null and void for “having been carried out without the quorum indicated in article 5 of Law 28301, Organic Law of the Constitutional Court.”
The request is based on the fact that there was not the corresponding quorum for the vote and is based on statements to Channel N by Judge Gustavo Gutiérrez Ticse, who outlined a series of irregularities in the session on October 18. In addition, it points out that for there to be a ruling – for or against – 5 votes are needed.
“This situation, obviously, has an impact on the voting, and the procedure itself of the session held on October 18, in which the presentation presented regarding the ruling to be issued regarding the present controversy was discussed; and This merits that your worthy Presidency order the identified defect to be corrected (…)”, he said.
The congressional attorney addressed the letter to the TC, despite the fact that two days ago, the head of Parliament, Eduardo Salhuana, stated that the Legislative Branch respected the decision of the highest interpreter of the Political Constitution.
“We (Congress) have raised a jurisdictional claim and if the TC resolves by declaring it founded or unfounded, we have to respect what corresponds in a rule of law, even more so in the case of the Congress of the Republic,” he expressed.
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