The former manager of Promotion and Private Investment during the management of Susana Villaran in the mayor’s office of Metropolitan Lima, Domingo Arzubialde Elorrieta will continue in prison serving his sentence of 4 years and four months that was imposed on him in 2019 for benefiting the consortium LAMSAC (today Lima Expresa) in the illegal increase in tolls in the capital since 2013, approximately.
As he was able to find out The Republicthe Constitutional Court rejected on March 11 a writ of habeas corpus filed by Arzubialde’s lawyer, Fausto Salas Lovon. The decision to declare the appeal inadmissible was signed by the tribunes Marianella Ledesma, Manuel Miranda and Eloy Espinosa-Saldaña.
Azubialde’s defense argued that both in first and second instance, in addition to the Supreme Court of Justice, “they had an irresponsible, inhibitory, not very brave attitude, in the face of a manifestly arbitrary, absurd and unconstitutional detention, since they have not been able to show a single proof that proves that the favored received a bribe, received a payment, a benefit, talked or met, spoke or called the dealers to allegedly have incurred a criminal offense.
However, the TC found that Both that argument and the emphasis on the former official’s innocence, which would have been proven in a Compliance Audit report of the Comptroller General of the Republic in 2017, “are related to a reappraisal of the evidence, which ultimately does not it is acceptable in the constitutional seat”.
In other words, substantive issues and about the criminal responsibility of the former manager of the Metropolitan Municipality of Lima should be seen by the ordinary justice, the Judicial Power, and not the Constitutional Court.
“The appeal filed is not related to a question of law of special constitutional significance, since the facts and the petition of the claim are not directly related to the constitutionally protected content of the right invoked,” the TC remarked, denying habeas corpus. calling for the release of Arzubialde.
Lamsac case
Domingo Arzubialde Elorrieta was sentenced in May 2019, in double instance, to 4 years and four months in prison after he was found guilty of having applied an illegal formula when changing the CPI (Consumer Price Index) in 2013, different to that established by the concession contract signed with Lamsac in 2009. This allowed the Yellow Line (formed then by the Brazilian OAS) make profits outside of what is established and with the money of thousands of users.
However, after this criminal conviction, it was not necessary to determine the civil damages that Arzubialde had to pay. This oral trial was then reserved to strictly review how much the concessionaire and Arzubialde had to pay in favor of the State for the damage caused.
After several months and judicial decisions in between, this trial finally began in August 2021 with the participation of the ad hoc Attorney General’s Office in the Lava Jato case.which is led by Silvana Carrion Ordinola.
Throughout this process it will be defined whether both the company and Arzubialde will pay around 17 million soles in favor of the State.
