According to the Sunday Fourth Power, the experts cannot meet all the tax demands because they do not have the tools to carry out their work optimally. Adding to this problem is the fact that the technological equipment of the Prosecutor’s Office to carry out an expert opinion has an expired license. This supposes a serious problem for the institution since the conviction or acquittal of an accused depends on the expertise.
Octavio Sanchez, a computer expert, warns that there is no guarantee of a suitable service: “The worst consequence of working with an old version is that the results cease to be convincing and become misleading, relative, objectionable.” Other specialists also point out that making use of expired equipment calls into question the credibility of the expertise and it will be difficult for the judge to assess this means of evidence.
Cold war between prosecutors and experts
The situation is unsustainable within the institution. That is why in an official letter presented last November, the request to declare an emergency Expertise Office due to high labor demand and lack of logistics equipment. This problem of overloading tax files has led to experts receiving complaints from prosecutors, since if a prosecutor does not comply with having a expert opinion then he will not be able to accuse and a case would remain unpunished.
software with problems
The software of American origin MSAB XRY is valued at almost half a million soles and was acquired by the Prosecutor’s Office of Expertise in 2017. The equipment unlocks and extracts information from high-end and encrypted mobile phones. The only license that this Tax Expertise Office has has already expired; however, it is currently operational.
The Cellebrite UFED, of Israeli origin, are even used by the Government of United States in counterterrorism investigations. The four were acquired in 2019 for a little less than half a million soles. These softwares allow access to the device, unlocking the key or pattern, to extract all current and deleted information from photos, videos, WhatsApps, emails, social networks. All of these have expired license since last January 2
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To these is added the Cellebrite UFED Premium, perhaps the largest of the acquisitions made by the Office of Expertise in December 2019. It cost one and a half million soles and put Peru at the forefront of the use of this type of technology, since only Brazil and Colombia had it. This device unlocks all devices with IOS system, iPhone cell phones and iPads tablets, in its latest version. The current coordinator of the Office of Expertise, Miguel Carrera Munozis accused of having used it with his own cellular equipment for personal purposesaccording to a complaint made by the Prosecutor for Corruption of Officials.
For its part, the Prosecutor’s Office defends itself and points out that the Cellebrite UFED, UFED Premium, Fred and MSAB XRY software are operating and meeting the requirements of the prosecutors and that the expert service will be optimized with the updating and acquisition of new software. scheduled for the second half of the year.
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Given these statements, the specialists reaffirm that the laboratories, national security forces, the Prosecutor’s Office and the Police must anticipate the expiration of these licenses, since in the world it is estimated that approximately 85% of complaints require digital evidence.
cases in question
The most relevant cases at the national level have been resolved with convincing evidence thanks to the weight of an expertise on the technological equipment of those investigated. Among them are the case white collarscell phones seized in the case Luciana Leonunrecognized visits to the Palace of Richard Swingthe denied photos between former president Martín Vizcarra and Antonio Camayo.
After knowing the current status of the expired software, the Prosecutor’s Office must determine the course that the cases will follow Petroperu, Bruno Pacheco, the Saratea house and Karelim López, in which the seized material will be analyzed.
