HeConstitutional Courtresolved that it is appropriate to refer the case to theNational Board of Justicefor a disciplinary evaluation after noticing an unjustified delay in granting and raising an appeal against a preventive detention order issued by the judgeRichard Concepción Carhuanchoin a criminal process that is part of investigations of high public impact, associated with the political environment known asWaykis in the shadowduring the government ofDina Boluarte.
The decision was issued in file 01180-2025-PHC/TC, linked to the habeas corpus presented in favor of Mateo Grimaldo Castañeda Segovia. The highest interpreter of the Constitution concluded that the rights to plurality of instance and defense were violated due to non-compliance with the legal deadlines to process the challenge of a measure that restricted personal freedom.
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The ruling specifies that the preventive detention resolution was read in a hearing on November 22, 2024, but its full notification and the formation of the appeal notebook were carried out several days later, which prevented the appeal from being timely elevated to the higher body, as required by the Code of Criminal Procedure.
HeT.C.considered that this delay lacked reasonableness, created a real obstacle to access to the second instance and prolonged the deprivation of liberty without immediate control by the hierarchical superior, which justified not only declaring the claim founded, but also activating disciplinary control through theJNJ.
