At a press conference, the Government announced that the Council of Ministers approved submitting a bill to Congress to sanction judges or prosecutors who leak confidential information of the investigations under his charge. The idea had been announced a few days ago by the Minister of Justice, Félix Chero. Now the initiative has the support of the ministers and the formalization that will be presented to Congress.
“The criminal investigation in its preliminary stage is reserved. It stops being reserved when it goes to the oral trial. There it is public and there is no reservation. It happens today that, in investigations, classified information is quickly disclosed to the public. Sometimes selecting information with the purpose of imputing the commission of crimes. That should not happen,” said Aníbal Torres, from the PCM.
“That is why we are presented to the Congress a bill so that this form of practically commercializing reserved criminal information ends, and is sanctioned even in some cases with four years of imprisonment, “he added.
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In his turn, the Minister of Justice, Félix Chero, explained that the aim is to prevent the information from leaving the trial stage.
“Before it You cannot have this information because it distorts the essence of the investigation, it puts the investigation itself at risk. and puts those who are subject to investigation at risk, not only in the violation of their right to the presumption of innocence, but it can affect witnesses with a reserved code, it can affect effective collaborators when it comes to criminal organizations or crimes of high complexity,” he said.
The announcement comes one day after the preliminary investigation judge of the Supreme Court of Justice, Juan Carlos Checkley, support the investigation of President Pedro Castillo for alleged crimes of corruption and organized crime.
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The decision of the magistrate, although it is not said in the resolution, relies on the leaking to the public of statements by aspiring effective collaborators that point to the existence of a criminal organization which negotiates with public works tenders in the Ministry of Transport. This is what, in light of the facts, we would try to prevent: the dissemination of statements by aspiring effective collaborators, before the information can be verified.
freedom of information
This project could also collide with the right to freedom of the press and information. The only leak that becomes known is the one made to journalists. The journalist receives it and publishes it in his media outlet or website.
Journalists enjoy the confidentiality right of their sources, so they will never reveal who gave them confidential information. Hence, among judges and prosecutors it also generates concern. If a reserved statement is released, they would be held responsible.
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Carlos Rivera Paz, IDL_Rivera
#LAST The Council of Ministers has just approved a bill to persecute and intimidate journalists, under the argument that they want to protect the secrecy of criminal investigations.