The Permanent Commission of Congress of the Republic rejected, by large majority, the request made by the prosecutor of the Nation, Delia Espinozato declare the nullity of everything acted by the subcommission of constitutional accusations (SAC) with respect to 23 constitutional complaints filed indistinctly against congressmen, former state ministers and former presidents such as Pedro Castillo, among others.
The decision was taken this morning after intervention of parliamentarians from different political groups, who questioned the claim of the prosecutor of the nation, Delia Espinoza, to denaturalize – indicated – the parliamentary procedure.
Lady Camones, head of the SAC, said that the requests of the Prosecutor of the Nation are not adapted to what is established in the internal regulations of the Congress of the Republic or the nature of the procedure of a constitutional accusation.
“It must be made clear that the powers of the Public Ministry are specified in article 159 of the Constitution, nowhere is enabled (its owner) to pretend to denaturalize the parliamentary procedure; presenting an appeal of nullity is not collected in our regulations or provided as the alleged vice that the Prosecutor’s Office indicates in its writings. The procedure of the constitutional accusation is parliamentary, it has stages and these indicated.
Consequently, he added, there is no appeal for nullity, so no act could be declared void.
Camones also rejected that from the Prosecutor’s Office it is intended to determine the exclusion of certain parliamentarians members of the subcommission that are investigated or processed. “The prosecutor says that the prohibition would seek to guarantee the impartiality of the members of the subcommission, the congressmen apply the concept of independence,” he said.
Alejandro Muñante of popular renewal, on the other hand, warned that there is a “legal ignorance” that draws attention to the prosecutor of the Nation, “not only in terms of the resolutions issued by the National Board of Justice, but now makes unusual orders,” he said.
“The procedure of a constitutional accusation takes place in stages, there are no nullity resources, the request for this nature is not inadmissible, it is clearly sought to hinder the work of the permanent commission. If (Espinoza) knew the procedure of the complaints, why he did not act before and waited for them to be approved to present an appeal of this nature,” he criticized.
It should be noted that what Delia Espinoza requested to the Permanent Commission is to declare the nullity of the procedures applied to 23 constitutional complaints presented by the Prosecutor’s Office against various authorities, including former President Pedro Castillo, for having made use of a FAP plane to move to Cajamarca together with his relatives, or congressmen of the Legislative Defense Commission for having approved the opinion that allows the opinion that allows the opinion that allows the opinion that allows the opinion that allows the opinion that allows the State remuneration and pension for pensioners of the Armed Forces and the National Police of Peru.
Most of these complaints were not admitted to process or, failing that, they passed the initial filter but after the investigations were rejected.
Constitutional complaint to Espinoza
The Permanent Commission, on the other hand, approved to give a period of 15 days to the subcommission of constitutional accusations to carry out the investigations of the constitutional complaint presented by a group of legislators precisely against the head of the Public Ministry for alleged constitutional infraction and the commission of the crimes of specific active bribery and personal cover -up.
This case refers to Espinoza’s performance regarding his colleague Pablo Sánchez whom he would have favored with the allegedly irregular archive of an investigation for his performance to prevent a prosecutor from collecting audios linked to the missing National Council of the Magistracy.
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