It seems that it was yesterday when the country saw another former president to be held in the Barbadillo prison, because only 21 days passed between the order of 5 months of preventive detention that was issued against Martín Vizcarra and the decision of a court that decided to cancel it.
Yesterday, precisely, the Third National Appeals Chamber notified the resolution that ordered the immediate release of Vizcarra by warning that the judge of first instance, Jorge Chávez Tamariz, incurred “errors” in his decision of August 13.
The Chamber presided over by Judge Víctor Enriquez Sumernde listed “grievances” that, in the opinion of the magistrates, violated the rights of the ex-president, who does not save himself from the accusation for receiving millionaire coimas when he was governor of Moquegua (2011-2014).
Just a breath
The judges warned that Chávez Tamariz spoke on an apparent absence of the family roots of Vizcarra Cornejo when prosecutor Germán Juárez, during his request for preventive detention, had not influenced it.
“This proceeding violates the invoked procedural norm that activated this incident and demonstrates that the A quo (judge) did not take care of the coherence or congruence of the claims,” reads the document.
In that line, they pointed out that Chávez concluded that there was no family roots because the children of the former head of state no longer depended economically on him.
In this regard, they questioned that the magistrate has acted by “automatism” and did not analyze the context and personal situation of the accused, because in a search of 2024 it was recorded that in his home were his youngest son and his wife Maribel.
On the labor roots, the court dismissed the criteria of Judge Chávez that considered that the contract signed between the former governor and urbanizes 3D, a family business, was to appear subject to the criminal process.
“As for this aspect, the A quo (judge) reaches an unjustified conclusion, because it is a family business, it is not concluded that it is a fraudulent contract, its conclusion is only a possibility that lacks justifying reasons of a factual order,” they said.
They questioned, in this way, that Chávez Tamaríz has not aligned its assessment to the jurisprudence established by the Supreme Court on preventive prisons.
“It has been verified that the judge incurs incorrectly, since he has established presumptive judgments that are not conditioned with the jurisprudential line established by the Supreme Court and by the precautionary nature of such a serious measure, as is the preventive detention,” they added.
Another conclusions wielded is that the defendant has had an exemplary behavior and that, therefore, does not represent a risk of escape as indicated in the arrest warrant.
“It is appreciated in the present case is that Martín Vizcarra has been demonstrating procedural behavior according to the procedural burdens, that is, fulfilling the coercion measures imposed on him, which includes assistance to the face -to -face and virtual audiences in this process,” they said.
Martín Vizcarra currently faces a trial for receiving S/2.3 million in bribes to grant the Lomas de Ilo Irrigation Project to the Company Work and the construction of the Moquegua Hospital to the ICGGSA company.
After knowing the cancellation of his prison, from the former president’s social networks a statement was issued where he catalogs that outcome as a “victory” and insists on victimizing despite the serious evidence of corruption against him. Vizcarra was disabled by Congress to apply for public office.
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