He Judiciary in the first instance annulled the resolution with which Patricia Benavides removed the then provisional supreme prosecutor in July 2022 Bersabeth Revillawho was in charge of the investigation against the former senior judge Enma Benavides by bribery and illicit association to commit a crime.
It is about the resolution 1553-2022-MP-FN of July 26, 2022, where the separation of Revilla of the Second Transitory Supreme Prosecutor’s Office Specialized in Crimes Committed by Public Officials due to supposed low productivity. The latter was denied by the National Board of Justice (JNJ). During the disciplinary process that ended in the dismissal of Benavidesit was proven that between 2019 and 2021 the productivity of the dispatch of Revilla It exceeded 90%, while in mid-2022 it was 57%.
In the same resolution that has been annulled by the PJ, Benavides appointed Revilla as attached in the Supreme Prosecutor’s Office Specialized in Crimes Committed by Public Officials. The former prosecutor of the Nation had put the prosecutor in charge of the aforementioned office Miguel Vegas Vaccarowhom Bersabeth Revilla had investigated years ago for alleged corruption.
Revilla considered that the fact of being subordinate to a prosecutor who had investigated constituted degrading treatment, a statement that was taken up by the JNJ.
The day after being removed, Bersabeth Revilla resigned from Public Ministry and she was fired by the institution’s staff amidst applause and flowers.
The claim
In January 2023, Revilla filed a contentious-administrative lawsuit to annul the resolution that unjustifiably removed her from the Second Temporary Supreme Anti-Corruption Prosecutor’s Office. Not with the aim of returning to Public Ministrybut so that his name, honor and career are vindicated.
After more than a year and a half, the lawsuit was declared founded in part by the Judiciary. The Labor Court declared the resolution of Patricia Benavides and ordered to notify Revilla with the productivity report that was used as justification for terminating her. The latter so that you can exercise your right to defense and refute the conclusions of the aforementioned document.
The Court determined that the opportunity was never given to Revilla of formulating oppositions to the productivity report that was used as an excuse to unexpectedly remove her from office.
“It is concluded that the plaintiff had not been notified with the content of the aforementioned report; in this sense, the plaintiff’s right of defense has been violated as she has not been able to exercise her right to present her defenses for the alleged facts (low level resolution), since the measurement of fiscal performance has a personal nature,” reads the resolution to which he agreed. The Republic.
In fact, the productivity report was issued on Friday July 22 and the resolution that provided for the removal was signed by Patricia Benavides he Monday, July 25. That is, the first business day thereafter.
Revelations
According to Jaime Villanuevathe resolution that ceased to Bersabeth Revilla was written by the other former advisor of Patricia Benavides, Miguel Giraowho recently had the preventive detention order imposed on him by the Valkyrie case.
The philosopher also declared that the resolution was published on July 26 because that same day Benavides would announce the delivery of the former presidential secretary Bruno Pacheco after remaining on the run for a couple of months. The goal says Villanuevawas to cover up the news of the removal of the prosecutor who was investigating the sister of the then National Prosecutor.
