Patricia Benavides would not be qualified according to the legal requirements to rejoin the Prosecutor’s Officethey warn of law specialists. Its proximity to political sectors investigated, its lack of independence and the absence of a enabled square could prevent them from assuming, again, their position as a supreme prosecutor. Although the Supreme Court annulled the suspension against him, this decision would not prove his suitability to return to office or exempt it from the standards imposed by the Fiscal career law.
The National Justice Board (JNJ) It issues a formal resolution that restores your appointment and has a budgeted square for designation. Without these administrative requirements, its re -entry to Public Ministry It lacks legal support.
Beyond the pending procedures, serious doubts persist about their suitability to re -exercise a position of high responsibility. Benavides has maintained links with political actors investigated by the own Prosecutor’s Officewhich seriously affects its appearance of impartiality. This proximity with power compromises one of the fundamental principles that govern the exercise of fiscal function: independence against partisan interests.
Cruz Silva, lawyer of the IDL: “It is not qualified to return to the Prosecutor’s Office”
Cruz Silvalawyer of the Institute of Legal Defense (IDL), argues that Patricia Benavides It is not qualified to return to the Prosecutor’s Office, since it does not meet the requirements established by the Fiscal career law. As explained, this rule requires that every magistrate of the Public Ministry Act independence, objectivity and without links with political interests. In his opinion, the conduct of Benavides In the position he violated these principles repeatedly.
“Patricia Benavides She is not qualified to be able to exercise as a prosecutor, not even supreme prosecutor, because she breaches a profile requirement to be a fiscal law, and that is linked to the appearance of independence, impartiality regarding political power. (…) It is not only supported by partisan political groups, it has been alhajada by partisan political groups, but has among its lawyers a current politician who is investigated by the institution (…) by not complying with that basic profile to be a fiscal, because she herself has become a member of a sphere of partisan political power, she would have to be withdrawn from this position, “he said.
The IDL lawyer emphasized that allowing the return of Benavides Not only would it be an institutionally dangerous decision, but also legally questionable. He argued that his reincorporation could be challenged through an amparo action or a request before the Jnjbecause it contravenes the minimum standards of suitability required for those who integrate the fiscal system.
Carlos Rivera, IDL lawyer: “The problem has been the Congress of the Republic”
For his part, the lawyer Carlos Riveraof the IDL, said that Patricia Benavidessince he held the position of Prosecutor of the Nationacted partially and without independence and impartiality that is required to the maximum representative of the Prosecutor’s Office. However, he clarified that the recent ruling of the Supreme Court It does not evaluate these behaviors or their suitability for the position. What resolved the Chamber was only one procedural aspect: the validity of the suspension measure imposed within the framework of a criminal investigation.
“It seems to me that the public performance of Patricia Benavides In recent times, before being dismissed, it was not only partialized action, but did not respect a minimum and basic standard of independence, of impartiality as the head of an institution such as the Public Ministry. But, the issue that resolves yesterday the Supreme Court It is not an issue related to independence. What resolved yesterday the Supreme Court It is an issue that is the imposition of a limiting measure within the framework of a criminal investigation, “he said.
Rivera maintains that Supreme Court He acted correctly from the legal point of view when issuing his ruling, since he resolved a subject of form, not in the background. However, he emphasizes that the real problem lies in the Congress of the Republicwho directly responsible for allowing Patricia Benavides return to your charge. For the lawyer, the Parliament ignored the serious accusations contained in the resolution that supported the suspension of Benavides by rejecting the constitutional complaint against him.
“I think the supreme did what she had to do and her decision I think it is correct. The problem has been the Congress of the Republicthat before the very serious imputations that are in those first four pages of yesterday’s resolution, the Congress No, there is nothing here. He Congress He is responsible for everything that has happened, “he said.
Raúl Canelo, Dean of Cal: “It would be necessary to analyze whether the requirements meet”
Raúl Canelodean of the Lima Bar Association (Cal), warns that the return of Patricia Benavides to the Prosecutor’s Office Open an evaluation if it meets the legal and ethical requirements to exercise the position of Supreme Prosecutor. In her opinion, she does not seem to comply with these conditions, but warns that, if the prosecutor of the Nation and the Supreme Prosecutors could be exposed to reprisals, of not complying with restitution.
“The problem is that, indeed, it would be necessary to analyze now if it is meeting the requirements, neutrality, impartiality and other conditions that would not seem to meet it. But there would be a problem, eventually, of not doing so, the prosecutor of the nation and supreme prosecutors would be exposed to complaints of all kindsespecially of abuse of authority by itself Benavides and eventually they would be quite vulnerable to the National Justice Board That obviously, from my point of view, has an already biased position, “he said.
Canelo argued that, as far as it is aware, there is currently no place available for Benavides be restored. Therefore, its return would require a budget extension or special authorization, process that is not resolved. He also recalled that the Public Ministry does not work as a private company, but must follow strict procedures to designate positions, especially those of high rank.
“If there is any other issue of nature in the budgetary part, indeed, there would also be another contradictory situation. Because it is not about saying, well, I replace you as a supreme prosecutor, take your desk and get to work (…) I understand that there is right now there is no place. We remember, this is not any company, it is an autonomous constitutional entity that has a budget and that budget is also controlled (…) that having some kind of expansion, authorization and such, “he said.
Delia Espinoza will consult whether there is a budget for the replacement of Patricia Benavides
The prosecutor of the nation, Delia Espinozaprovided a conference where, among the issues he dealt with, he mentioned that he has requested a report from the budget area of the Public Ministry To consult if there is sufficient budget to cover the expenses of an “eventual” return of Patricia Benavides To the entity.
“We have requested a report from the budget area to indicate in a certain way if there would be the budget to support or solve before an eventual return of the lady Benavides“He said.
