In the last three years, the coalition that dominates the Congress has embarked on a race to subdue, through constitutional accusations, those he considers his adversaries in the judicial, electoral system and the political level.
With this, the objective of this parliamentary bloc has been to separate them from public service, possible candidacies or open investigations against them.
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The most advanced case at this point is against former President Francisco Sagasti and former Ministers of the Interior José Elice and Rubén Vargas, for the retirement of 19 generals of the National Police of Peru (PNP) in the transitional government of 2020.
The Subcommittee on Constitutional Accusations of Congress Last Tuesday, it approved a final report that recommends disqualifying them from public service.
Former Minister Elice, who is also Sagasti’s lawyer, considers that ultimately, at Congress They no longer care about the arguments because the votes are what count.
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Also waiting There is the case against former minister Salvador del Solarwho they also seek to disqualify along with the former president Martin Vizcarra and the former minister Vicente Zeballos for the dissolution of Congress in 2019. All that remains is for the final report of this accusation to be debated in the subcommittee.
Del Solar has stressed on several occasions that his process has already expired, but in Parliament they do not pay attention to his requests for prescription.
Another advanced case is the political pretrial against the former president of the National Election Jury (JNE), Jorge Luis Salas Arenasfor two constitutional complaints of alleged collusion and incompatible negotiation. There are still hearings to be held and the final report to be debated.
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In addition, a constitutional complaint against the former minister is pending resolution. Mirtha Vasquez for alleged constitutional violations and incompatible negotiations. The accusation was promoted by the former congressmen Manuel Merino and César Gonzales.
Attack on the judicial system
The constitutional accusations were also used to displace the magistrates who made the congressional coalition uncomfortable. In June 2023, Parliament inqualified the supreme prosecutor Zoraida Ávalos and in March of this year to the judges of the National Board of Justice (JNJ), Inés Tello and Aldo Vásquez.
The judicial system had to reverse these verdicts because they were irregular, after amparo actions by Ávalos, Tello and Vásquez.
But the failure of those attempts has not stopped the attacks. Last Friday, The Subcommittee accepted the constitutional complaints for processing of the congressmen from Avanza País, Patricia Chirinos, and from Honor and Democracy, Jorge Montoya, against the magistrates of the JNJ.
The excuse for initiating another impeachment trial is that the magistrates had failed to present their annual management reports to the Plenary in the years 2020, 2021 and 2022.
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The delegated congressmen play a fundamental role in these processes, because they are entrusted with the preparation of the final reports for the constitutional accusation.
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If it is about political pretrial (crimes), they can propose the accusation, and if it is about constitutional violations, they can propose disqualification for up to 10 years.
In the case of Sagasti, the speaker is the congressman for Honor and Democracy Jorge Montoya.
With Del Solar and Vizcarra, the delegate is Fuerza Popular congressman Héctor Ventura. He fujimorism He is an enemy of both former officials.
The subcommittee also entrusted Ventura with a constitutional complaint against Salas Arenas for alleged collusion. The other complaint against the former president of the JNE was entrusted to the Popular Renewal legislator Diego Bazán.
Bazán is also a rapporteur in the case against Vásquez.
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At CADE 2024, Fujimorist Patricia Juárez took advantage of her presentation to question the protections against Parliament.
To prevent the judicial system from questioning his accusations, the Last month Congress approved a law that modifies the New Constitutional Procedural Code and creates a special procedure for lawsuits against its decisions so that they are resolved in 60 business days and no precautionary measures apply.
The rule was promulgated in the midst of these ongoing accusations.
Cases of congressmen delay
Congress has not placed the same emphasis when it comes to charging its investigated representatives. A known case is that of the Alliance for Progress (APP) congresswoman Rosio Torres, dating back to 2023 due to an alleged salary cut. The delegate is his colleague from the Segundo Quiroz Magisterial Block, who to date has not presented his final report.
The constitutional complaint in The Children casewhich involves the congressmen of Podemos Peru, Darwin Espinoza and Jorge Flores, and of Popular ActionElvis Vergara and Raúl Doroteo, also remains paralyzed.
