The Congress of the Republic keeps the condemned congressman in his seat wilmar elerawho has not even been expelled from the bench of we are peru after the confirmation of the six-year prison sentence against him for the crime of aggravated collusion for a corruption case in Piura (see box).
The legislator went on the run when his first sentence was issued in August of last year, but remains firm in office. Congressional sources told Peru21 that he does not receive his salary or have staff; furthermore, that his office is closed. Despite this, they indicated that they have not yet challenged him due to an appeal that the congressman’s defense filed before the Judiciary to annul the final sentence against him.
“We have to wait for the result of the appeal request, because just then the Judiciary sends the sentence to the JNE and its vacancy is declared. He has requested a license, but the Board of Directors has not processed it; that’s why he appears as absent”, explained the source.
CONGRESSIONAL IMPAIRMENT
Elera’s case is similar, in several aspects, to that of former APP congressman Edwin Donayre, who in August 2018 was sentenced to five years and six months in effective prison for embezzlement in the context of the ‘gasolinazo’. His sanction was ratified in second instance the following year.
Donayre was released 231 days after the Supreme Court asked to take away the parliamentary prerogative. For Alejandro Rospigliosi, former head of the advisory cabinet of the Congress Presidency, the Legislature should not wait the same time to remove Elera from his seat.
He recalled that, according to article 25 of the Regulations of Congress, in the event of being sentenced with a final sentence to imprisonment for an intentional crime, the legislator must be replaced by the accessory.
LOOK: The Judiciary announces the launch of the ‘Presidency serves you’ platform
In fact, Elera himself cited said article in a statement he published on August 11 on his Twitter. “I maintain my status as a congressman while there is no final sentence, in accordance with the provisions of article 25 of the Regulations“, wrote.
Rospigliosi said that “There is a scandalous cover-up by Congress”. “The new president of the Supreme Court, Javier Arévalo, must report this situation to the president of Congress so that the plenary suspends congressman Wilmar Elera and the JNE names the new congressman as accessionary for Piura”, he referred.
His successor is another ‘gem’. This is José Pazo Nunura, former mayor of Sechura, who was left as an accessory after applying with No. 3 on the SP list and obtaining 6,897 votes.
Pazo was sentenced in 2012 to return S/20,567 for undue charges to the Sechura commune for benefits that did not correspond to him, and registers legal proceedings for aggravated collusion, usurpation of functions, breach of functional duties, among others.
Collusion case in Piura
On August 11, the Seventh Unipersonal Criminal Court Specialized in Crimes of Corruption of Officials of Piura ordered the location, capture and internment in a prison against Wilmar Elera for the crime of aggravated collusion. The sentence was confirmed in second instance months later, on December 27, by the Second Criminal Court of Appeals of the Superior Court of Piura.
The case is based on events that occurred in 2012, when the congressman participated as a supervisor in the work “Improvement and expansion of the drinking water and sewage system of Pacaipampa-Ayabaca-Piura”.
According to the contract signed on January 13 of that year, the project valued at S/3’612,717 was to be executed in 180 calendar days, but the deadline was not respected.
On January 19, the Municipality of Pacaipampa made a direct advance of S/722,543, which corresponded to 20% of the value of the work, and on February 9, a payment of S/1’445,087 was made for the advance of materials, equivalent to 40% of the value of the work.
Despite the deposits, the works began on May 24 with the partial delivery of the land and the technical file without the designer’s signature. The final advance was not adjusted to the valuations presented by the contractor and approved by the supervision, which led to the stoppage of the work and subsequent compensation that was paid by the municipality.
Keep in mind
- The work where Elera participated in irregular budget management remains paralyzed to date.
- At the time of the conviction, Elera was the third vice president of Congress. Faced with citizen pressure, he sent a letter to the former president of the Legislature, Lady Camones, to present his resignation to the Board of Directors.
- The sentence against Elera includes the payment of a civil compensation of S/100 thousand.
