Judge Maria Izabel Pena Pieranti, from the judicial duty of the Court of Justice of the State of Rio de Janeiro, denied the request for ‘habeas corpus’ filed by the defense of German consul Uwe Herbert Hahn. He was arrested in the act accused of killing his partner Walter Henri Maximillen Biot last Friday (5/8), in the apartment where the couple lived in Ipanema, south of Rio.
The defense claimed in the ‘habeas corpus’ request that the arrest is illegal, considering Uew Herbert Hahn’s diplomatic immunity and absence of flagrante delicto.
The magistrate considered that, as it is a process of the judicial duty, it should be limited to the formal aspect and the circumstance of the crime committed.
In the order, the judge stated that “the duty is not an extension of the forensic procedure, operating with its own, specific and binding rules. And, obviously, the Judge on duty cannot deviate from the strict terms of the aforementioned rules. Let us not forget that this Jurisdictional Body does not have the desideratum of meeting any and all demands. As such, to meet the measures that fit the textual purposes, it must be guided exceptionally and parsimoniously”, she concluded.
