He former president Martin Vizcarra could be one of the first beneficiaries of the Law 32130a rule that improperly transfers the preliminary investigation to the National Police of Peru (PNP) and that makes other modifications to the Criminal Procedure Code. The former president takes advantage of one of these changes to ask the Judiciary to lift the rule of conduct that prohibits him from leaving Lime without judicial authorization.
This is the reform to article 287 of the Criminal Procedure Codewhich regulates appearance with restrictions. The Law 32130 modified the wording of said article to establish that the rules of conduct have the same terms as preventive detention: up to 9 months for common cases, 18 months for complex cases and 36 months for cases of organized crime.
During the hearing this Tuesday, November 5, Vizcarra He said that due to the restrictions imposed, he is a victim of “arbitrary decisions” on the emotional, family and political levels. “I am a politician, I am the leader of a political party that appears in the first places in the polls, but they do not allow me to travel because they say ‘you are not a politician,'” he said.
“Not only must these irrationalities be corrected, but now there is a rule, a law, that expressly (says so) and that has to be applied,” added the former president.
In the event that your main request is not supported (cessation of the rule of conduct), Vizcarra proposes that he be allowed to travel outside Lime previously communicating this to the Preparatory Investigation Court.
Defense speaks
In his presentation, the lawyer Vizcarra, Edwin Sicchareminded the national preparatory investigation judge Ubaldo Callo that the reform to appearance with restrictions was the only reasonable change that the Congressaccording to a recent presentation by the supreme judge César San Martín.
“The appearance with restrictions, different from the previous regulation, now has an expiration period and these are the same periods of preventive detention,†said Siccha.
The lawyer also brought up that his client is no longer charged with the crime of illicit association to commit a crime (today a criminal organization), so the term of the appearance with restrictions cannot be 36 months. At most, according to the defense, it could be 18 months, a period that would have been exceeded excessively if it is taken into account that the measure was imposed in March 2021 due to the case. Lomas de Ilo and Moquegua Hospital.
For this reason, Siccha announced that they will also invoke the Law 32130 to demand the cessation of the appearance with restrictions, which would imply the lifting of all the rules of conduct that were imposed on the former president.
“More than 40 months have passed since the appearance with restrictions was issued and of which the rule of conduct whose cessation is sought is part. As a consequence of this new regulation – reasonable as recognized by the highest proceduralist in our country (César San Martín) – it is evident that the rule of conduct has to cease because the appearance with restrictions, which in its moment will be seen, it also has to stop,†said Siccha.
The lawyer added that the restrictions are affecting the right to work of Vizcarra since he was fired from the company Agrotecnica Estuquiña for not having been able to travel to Moquegua, as well as his political rights as he was not allowed to travel to the interior of the country to participate in Peru First.
Finally, Edwin Siccha He assured that the lifting of the aforementioned rule of conduct does not endanger the development of the oral trial against Vizcarra.
Prosecutor’s Office opposes
The prosecutor Osias Castañeda Neria He opposed the request of the defense of Vizcarra and invoked the judge Ubaldo Callo to consider the elements of the case and not simply apply the new Law.
“It is not that I am going to cite a reform and impose it. Because each specific case has its own circumstances and particularities, which the judge has to evaluate,” he indicated.
The representative of Public Ministry assured that the procedural danger has increased and recalled that Vizcarra He was warned (warning) for having carried out activities other than those he stated he would do when he was authorized to travel.
Regarding the alleged violation of the political rights of Vizcarrathe prosecutor Osias Castañeda He asserted that the Third National Appeals Chamber has established that the former president cannot carry out political activities because he cannot register or represent a political party. This as a result of the two disqualifications imposed on him by the Congress.
Finally, the prosecutor pointed out that Vizcarra is also included in the case The Untouchables of Corruptionwhere the alleged manipulation of police reports from State Security that protect the former president so that they coincide with the reports presented by the defense.
