The Committee on the Supervisory and Comptroller of Congress recommends, in its preliminary report on the Surgeries case, temporarily suspend Dina Boluarte for allegedly being absent from its functions without properly reporting to the Legislative. On April 15 the recommendation will be debated.
According to the document, the suspension measure would be extended until the head of state clarifies her situation and the corresponding responsibilities are determined. “We are facing indications of an alleged constitutional infraction,” reads the report.
Supervisory Commission determined that Dina Boluarte remained hospitalized 2 days
Regarding the findings, the commission led by parliamentarian Juan Burgos determined that the head of state would have remained interned in the Mario Cabani clinic for “two days and one morning.” To this is added the medical rest, for a period of 7 to 12 days, which would have required for the type of interventions to which it was submitted.
Based on them, the working group evaluates a possible constitutional infraction, since during that time the presidential succession mechanism established in article 115 of the Magna Carta was not activated, which requires that before an eventual temporal or permanent impediment of the president assumes his functions the first vice president.
This alleged foul would configure a possible violation of articles 114, 115 and 118 of the Political Constitution of Peru, which refer to the responsibilities of the Presidency, the report requires.
Possible criminal offense
Apart from this, the Commission also considers a series of criminal offenses that the president would have committed when he was absent from his position.
One of them is the alleged crime of omission of functions because he did not inform the Congress about his medical situation and the possible affectation to his work. Not doing so did not prevent the activation of the corresponding institutional mechanisms.
Dina Boluarte shares configure alleged permanent moral disability
Also, for the Burga commission, the president’s behavior to hide the surgical process to which she underwent could configure an alleged permanent moral disability. According to his livelihood, Boluarte “would have incurred multiple faults to the truth, which together would reflect repetitive, malicious and cover -up behavior.”
“The cluster of these lies, added to the acts of possible corruption, excessive repression and concealment of truth,” are the arguments of the commission to present this assumption.
Supervisory Commission recommends the Prosecutor’s Office to investigate Dina Boluarte
Based on the alleged constitutional infraction and the penalty, and the possible permanent moral disability, the Supervisory Commission made five recommendations.
Among them, the Plenary of Congress is requested to evaluate the granting of research faculties so that the working group has greater facilities to carry out their inquiries and avoid acts of obstruction in the case.
Also, they recommend sending copies to the Constitutional Accusations Commission so that they can determine whether the head of state committed a constitutional infraction.
In the same way, it is advisable to inform the Prosecutor of the Nation of the findings so that it can initiate a preliminary investigation against Boluarte for the alleged crime of omission of functions.
