The Judiciary has formally admitted the appeal presented by Pedro Castillo which seeks to leave the oral trial without effect for having tried a coup on December 7, 2022. The First Constitutional Chamber of Lima will evaluate said appeal through a virtual hearing.
Castillo requested that the resolution of the constitutional judge Ana Osorio, issued on August 25, who had dismissed his demand for habeas corpus be revoked. With this resource, it also aspires to cancel everything acted during the judgment stage and design a new supreme collegiate who is in charge of the process.
By verifying that the appeal met the requirements of the Constitutional Procedural Code, on September 1, Judge Osorio decided to “grant the appeal with a suspensive effect” and send it to the First Constitutional Chamber. If this admits it, it will convene a virtual audience so that the parties involved expose their arguments before making a decision.
For its part, the Prosecutor’s Office has requested 34 years in prison for Castillo, in addition to disqualifying it for 3 years and 6 months, accusing him of the crimes of rebellion, abuse of authority and serious disturbance to public tranquility.
As for the bottom of Castillo’s claim, his defense claims that during the process his rights were violated, including being tried by an impartial court and the right to adequate defense. It also argues that some of the judges have been challenged but rejected these requests, which would compromise the impartiality of the court.
However, Judge Osorio estimated that no violation of her fundamental rights has been proven. In its resolution, it maintains that the process has guaranteed its right to defense, a public defender was assigned if it did not have a private lawyer, and that its constitutional procedural tactics are not constitutionally protected.
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