Assistant Congressional Attorney, Yuri Ivan Garcia Canorecognized before the Plenary of the Constitutional Court that the president Pedro Castillo did not order or carry out any act that is exhaustively classified as treasoncrime for which he is intended to be accused according to the final report approved by the Subcommittee on Constitutional Accusations.
During the hearing this Tuesday, the magistrate Gustavo Gutierrez Ticse recalled that, according to the Criminal Code, treason consists of: “Anyone who practices an act aimed at subjecting the Republic, in whole or in part, to foreign domination or to make a part of it independent, will be repressed with a custodial sentence of not less than fifteen years.
In this sense, Gutiérrez Ticse consulted the congressional lawyer “what is the typical act that the President of the Republic has incurred in order to charge him with an alleged crime of treason, a typical act.”
“What they obviously consider in this report is the fact of the intentions that Mr. Castillo apparently would have had before being president and his pronouncement at the national and international level, already being president in this interview It is, in some way, an affectation to the national territory by giving way to a foreign country through our territory. If we see the final report, what it is recommending is an unconsummated crime, as can be seen from the final report presented by the Subcommission, which is why it qualifies it as an act of attempt,” García Cano responded.
“Is opinion a crime? That position worries me a lot,” replied the magistrate. “Do you intend that the figure of treason against the homeland based on the interpretation that is being made is going to condemn the opinion itself or is it that the president developed further actions after giving his opinion as the media did?” He insisted the.
“Materially, as you have described, Mr. Magistrate, we have not seen that in the report, no material pronouncement regarding the Council of Ministers or any material act in this way is not postulated in the final report,” acknowledged the deputy attorney of Congress.
“Attempt”
Gustavo Gutiérrez Ticse was not the only magistrate who focused on the typical treason: Magistrate Manuel Monteagudo also required the legal opinion of the Congress attorney.
“The report concludes not in a material act in that sense (act aimed at subduing the Republic) but an act in the degree of attempt (is) what (what) the Subcommittee considers. Because obviously, as it has been revealed, a specific act has not materialized, so to speak, (such as) a ministerial resolution or a meeting of the Council of Ministers in that sense,” he reiterated.
García Cano indicated that President Pedro Castillo “has been able” to give access to the sea due to the position he holds and pointed out that “if Congress or the media had not intervened” this act could have been carried out.
