The Permanent Commission of the Congress today approved the final report that establishes the sanction of disqualification for a period of ten years for the former minister Víctor Zamora, due to the constitutional violation of article 9 of the Constitution. After receiving the support of 20 votes in favor and 2 against, it was decided to proceed with the accusation for the alleged commission of the crime of omission, refusal or delay of functional acts during his mandate to address the COVID-19 crisis in the nation. These specific crimes are contemplated in article 377 of the Penal Code.
María Acuña, president of the Subcommittee on Constitutional Accusations, and Jorge Montoya, congressman in charge of the case, supported the report that accuses Zamora of hindering the acquisition of medicinal oxygen and of not adhering to Emergency Decree 028-2020 for the purchase of more of a million rapid tests, despite the recommendations of the World Health Organization (WHO) on their effectiveness.
According to Montoya, these actions contributed significantly to the loss of life during the pandemic, violating the fundamental right to life. The report also points to deficiencies in the management of medical oxygen, crucial for treating patients with COVID-19.
The final approval session also determined that María Acuña and Jorge Montoya will be part of the Accusing Subcommittee, which will take the case before the Plenary Session of Congress for a formal constitutional accusation.
Former Minister Zamora and his lawyer had the opportunity to defend themselves virtually, having 30 minutes for their defense statement. The resolution of this case could set a significant precedent in government responsibility and management during health emergencies in Peru.
Now it is up to the Board of Spokespersons to schedule this final report for the session of the Full; However, it will also be up to the former Minister of Health and his lawyer to continue with this process because if they do not present this report, it could be archived. just as happened with the case of Roberto Vieira.
Congress filed a constitutional complaint against Roberto Vieira for alleged influence peddling
Congress filed the constitutional complaint against former congressman Roberto Vieira for alleged influence peddling, according to a request from the president of the Subcommittee on Constitutional Accusations (SAC), María Acuña, from Alianza Para el Progreso. The reason given by Acuña was that the political pretrial period in Vieira’s case had expired on September 30 of this year.
Under the Constitution, senior officials can be prosecuted under this regime up to five years after leaving office. During that period, Congress evaluates the accusations to determine if there were violations of the Magna Carta or possible crimes.
Vieira’s term as congressman ended on September 30, 2019, coinciding with the dissolution of Congress by Martín Vizcarra. Thus, the five-year deadline was met this past Monday.
The complaints against Vieira consisted of two accumulated cases. The first, presented in March 2019 by Richard Arce, former congressman from Nuevo Perú, was based on a Panorama report and included accusations of violation of articles of the Constitution, alleged illegal sponsorship and influence peddling. The second complaint, made on June 3, 2019 by the then National Prosecutor, Zoraida Ávalos, also referred to alleged influence peddling to the detriment of the State.
