The Prosecutor’s Office requested an appearance with restrictions and impediment to leaving the country for Luis Magallanes, third-rate non-commissioned officer of the Criminal Investigation Division, investigated for the murder of Eduardo Ruiz during the October 15 demonstration. The prosecutor’s request was submitted on October 23, the date on which the seven-day period of preliminary detention imposed by the Judiciary against the PNP agent expired.
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Prosecutor Roger Yana Yanqui requested this measure before the office of Judge Abel Centeno as part of the preparatory investigation against Magallanes Gaviria for the alleged crime of simple homicide and alternatively for the charge of aggravated manslaughter to the detriment of Eduardo Cruz Saenz.
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The judge must schedule a hearing to evaluate this tax request with the participation of the procedural parties involved and issue a decision.
The preliminary investigation against the police agent will be carried out within a period of 120 days, as ordered by prosecutor Roger Yana. During this period, the respective procedures will be carried out, such as testimonial statements, expert opinions and others.
Luis Magallanes remained in hospital during his preliminary detention
Initially, the Judiciary ordered the preliminary detention of Luis Magallanes for seven days, a period that was met on October 23. During that time he remained in custody at the PNP Luis N. Sáenz National Hospital where he was being treated, according to General Óscar Arriola, for multiple contusions.
During that period, the Police Legal Defense Institute (IDL-POL) presented a habeas corpus, which was admitted by the highest judicial instance, with the aim of freeing Magallanes from preliminary detention alleging that his fundamental rights had been violated.
The appeal, presented by lawyer Jesús Poma Zamudio of the IDL-POL, questions the legality of the preliminary detention based on Law 32181, which protects police action under the principle of presumption of innocence.
With this argument, he supported that Judge Abel Centeno Estrada, of the Ninth National Preparatory Investigation Court, should not have opted for preliminary detention but for a less burdensome measure such as an appearance with restrictions.
Likewise, prosecutor Roger Yana Yanqui, a member of the Supraprovincial Prosecutor’s Office Specialized in Human Rights and Counterterrorism, who requested the detention measure, is questioned.
PNP assures that Luis Magallanes is the author of the shot
Through an official letter sent to the Public Ministry, the National Police of Peru (PNP) reported on the flagrante detention of Luis Magallanes Gaviria28 years old, and Omar Saavedra Bautista26. Both are non-commissioned officers assigned to the Criminal Investigation Directorate (Dirincri) and are being investigated for the murder of Eduardo Ruiz Sanzrapper known as Trvko, who participated in the October 15 march in rejection of the Government and Congress.
According to the document delivered to the Prosecutor’s Office, the PNP determined that Magallanes Gaviria He is, according to preliminary indications, the author of the shot that ended the life of Eduardo Ruiz Sanz. The document ensures that the third-rate non-commissioned officer admitted his participation. This fact had already been publicly exposed by the head of the PNP, Óscar Arriola. In addition, the document confirms that Saavedra Bautista also fired shots during the incident.
