The process to investigate the former president of the Council of Ministers Betsy Chavez for his alleged involvementas co-author, in an attempt to coup of Pedro Castillo on December 7, 2022, entered its final phase in the Congress of the republic. This, after the Permanent Commission approve the final report of the SACwhich includes a recommendation —at the proposal of Avanza País— that she be suspended from her position as parliamentarian while the investigations against her continue in the Public ministry, which would open the door to his lawlessness.
First, the recommendation was made by Diego Bazanwho justified the request by pointing out that this would safeguard the progress of the investigations from the preliminary to the preparatory phase: “They (Betsy Chavez and Roberto Sanchez) can use the inviolability of opinion to attack the National Prosecutor and the judges in charge, using their inspection work they can request information and could also raise constitutional accusations”. This would also allow you to request any coercive measure such as preventive detention.
in dialogue with The Republicthe constitutionalist and expert on parliamentary issues Cesar Delgado Guembes explained the nature of the suspension that is raised against Betsy Chavez: “It is a suspension basically of a procedural nature that has to do with cases in which the congressman has been constitutionally accused for crimes committed in the exercise of his function. In the case of Betssy Chávez, she is not being charged for crimes committed in the exercise of their function as congressmen, but for their status as ministers.
The mentioned by Diego Bazan was that, if approved in plenary, it would suspend Betsy Chavez while the investigations in the Public Ministry last, something that would be atypical in comparison to other suspensions that establish that the lawlessness proceed until the culmination of the judicial process.
“This type of suspension is different from what has been the case to date, which has always been until the completion of the judicial process. There is some relationship because once the investigations are completed in the Public Prosecutor’s Office, they have to define whether to accuse or not, but there is no alternative because the Prosecutor’s Office will only be able to accuse “. warns the expert.
Betssy Chávez was Minister of Labor, Culture and head of the PCM during the Government of Pedro Castillo. Photo: PCM
What is the procedure for its removal?
Is he Board of Directorsmade up of members of the Board of Directors and the spokesmen of the benchesthe one that defines the date and time in which the debate and the vote of the final report that recommends accusing Betssy Chavezin her capacity as co-author, for her alleged participation in the coup.
That day, two votes will be held in the case of Betsy Chavez. on the first ballot a simple majority of the total number of congressmen is required, the members of the Permanent Commission, to approve the main issue, which is to give the Public Ministry the green light to proceed with the investigations against the former head of the PCM for the alleged crimes of rebellion and conspiracy. After that, with the same number of votes, the possible suspension and parliamentary impeachment of it will be voted on.
“If the Plenary approves the accusation and the suspension, then Messrs. (Betssy) Chávez and (Roberto) Sánchez will leave Congress until their judicial process ends; if they are acquitted, they return to Congress; meanwhile the accessories take their places. If they are not acquitted, then the latter remain as holders, ”he explained to The Republic Hugo Rovira, former Senior Officer of Parliament.
Finally, what comes next is the pretrial suspension is that the accessary for the Tacna region of Betsy Chavez would enter the Parliament. Meanwhile, since there is no sentence that cancels his mandate, the emoluments of the former collaborator of Pedro Castillo are deposited in an account. If she is acquitted, she will be given the full amount of the money with prior knowledge of the acquittal, if she is convicted, the amount is reverted to the budget of the Congress.