The Fifth National Criminal Court of Appeals, made up of judges Sonia Torre Muñoz, Jhonny Contreras Cuzcano and María Felices Mendoza, annulled the preliminary detention and ordered the immediate release of the president of the Peruvian Football Federation, Agustín Lozano in the investigation of the alleged organization “The Galacticos of Soccer” .
The same decision was made with respect to the citizens Sabrina Martin Zamalloa, Genaro Miñán Armanza and José Carlos Isla. Lozano, Martín and Miñan were detained and José Carlos Isla, with an arrest warrant, which was annulled, in an investigation by the criminal organization crimes, fraud in the administration of a legal entity and money laundering.
“I thank the authorities who have done justice, I want to thank my family, my friends and all the leaders who trust in the work of Agustín Lozano, today I will be with my family and tomorrow I will be with all the press so that You are the main communicators to the entire Peruvian community (…) above there is a God, who sees everything we do,” he said upon leaving the police station where he was detained.
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Once released, Agustín Lozano would be resuming leadership of the Peruvian Football Federation in the next few hours. After his arrest, The FPF board appointed its vice president Arturo Ríos as interim presidentwhile the absence of the holder lasts.
The new organized crime laws
Unlike Judge Richard Concepción Carhuancho who on November 7 issued the preliminary arrest, the superior court decided to comply with laws 32108 and 32138 on organized crime, in accordance with the precedent of the Supreme Court in the case of the Orellana network.
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The Appeals Chamber considered that in the “Los Galacticos en la Sombra” case The existence of a criminal organization dedicated to committing serious crimes is not establishedwith a sentence of more than five years, which does not contradict the Palermo Convention.
Simple suspicion of money laundering
Meanwhile, regarding money laundering, the Superior Chamber indicated that only a simple suspicion can be established. Although this crime does have a minimum sentence of more than five years, the judges considered that the prosecution raised it as a separate crime and not as one of the purposes of the alleged organization.
Likewise, it is indicated that the prosecutor’s office could not establish that there is a danger to the progress of the investigations, which has already lasted more than two years, nor the urgent need to take this measure to comply with certain diligence. Furthermore, the exercise of a right by a defendant cannot be considered an act of obstruction.
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On this topic during the hearing, Lozano stated: “I have been the one who has collaborated the most with the prosecutor. Why so much evil? “I have participated, I have gone to all the raids, five, six in the morning, I have been constantly collaborating with the prosecutor, I have gone to his offices to tell him what he needs, what he wants,” he exclaimed.
For her part, her lawyer Giulliana Loza insisted that the superior court recognized that there was “no procedural risk” that justifies her client’s detention.
The judges “have established that (Agustín Lozano) at no time should he have been deprived of his liberty because the criteria for organized crime are not met and there is no procedural risk,” Loza explained.
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He noted that they will continue “to collaborate with the requirements of the Prosecutor’s Office in order to clarify the facts and prove the innocence of our client.”
The Appeals Chamber considered that preliminary detention requires the need to carry out urgent procedures that cannot be carried out without the arrest of those investigated, a situation that is not observed in the case of “Los Galacticos del Fútbol.”
Prosecutor’s Office requests preventive detention for 36 months
Hours before the decision of the Appeals Chamber, the prosecution requested 36 months of preventive detention for Agustín Lozano, José Carlos Isla, Genaro Miñán, Sabrina Martín and Oscar Chiri for alleged criminal acts in favor of 1190 Sports.
Meanwhile, the prosecutor’s office released the president of the Sporting Cristal Club, Joel Raffo, finding no further evidence of responsibility against him.
