The State Attorney General’s Office asked the Judiciary that Francisco Sagasti pay S/400,000 for the alleged damage caused to the State after the retirements considered irregular of generals and lieutenant generals of the PNP during his transition mandate. The request is part of the criminal process for alleged abuse of authority that the former head of state is currently facing.
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The request is based on the investigation formalized by the Attorney General’s Office, which attributes to Sagasti and two former Ministers of the Interior the issuance of supreme resolutions that would have violated the PNP Law. According to the Public Ministry, these acts caused the immediate retirement of 19 senior officers without valid motivation or respect for the order of seniority.
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The Attorney General’s Office maintains that these decisions generated extra-patrimonial damage to the police institutions and, by extension, to the image of the Peruvian State. It states that the abrupt change in police leadership during a period of crisis weakened public trust and violated basic principles of legality and due process.
The State, represented by the Attorney General, María Aurora Caruajulca, considers that the alleged facts justify joint and several civil reparations against Francisco Sagasti and the former ministers Rubén Vargas and José Elice. The entity requested that the provisional amount be admitted while the preparatory stage of the case progresses.
Why is the State demanding S/400 thousand from Francisco Sagasti?
The Attorney General’s Office argues that the retirements of PNP generals carried out during the 2020 transition occurred without a valid legal motivation and against the regulatory framework that regulates the appointment of the commanding general. For the entity, this action would have broken the internal structure of the National Police at a critical moment.
According to the document presented before the Supreme Court, the simultaneous removal of 19 senior officers generated “extra-patrimonial damage” to the State. This is not a direct economic loss, but rather an institutional impact that, he claims, affected the stability, image and operational continuity of the PNP. This type of damage can be claimed in criminal proceedings.
The Attorney General’s Office also warns that the events attributed to Francisco Sagasti and his then ministers contravened constitutional and ethical principles. Among them, the president’s duty to comply with the law and the obligation of all officials to motivate their decisions. For the entity, this conduct justifies the requested reparation while the investigation for abuse of authority continues.
What resolutions does the Attorney General’s Office question in the PNP case?
The Attorney General’s request is based on a set of supreme resolutions issued between November 2020 and January 2021. These provisions immediately removed the then commander General Orlando Velasco and promoted César Cervantes, a decision that, according to the PGE, did not respect the order of seniority required by law.
In addition, the State questions the resolutions that retired three lieutenant generals and 16 generals of the National Police. He maintains that these measures did not have administrative arguments or regulatory support, which would violate the right to due motivation and the procedures established for changes in senior officials.
The entity points out that even the appeals for reconsideration presented by the affected officers were declared unfounded without an adequate evaluation. For the Attorney General’s Office, this set of acts constitutes a chain of arbitrary decisions that must be repaired and that explain why the case has escalated to a criminal investigation and a request for compensation against Francisco Sagasti.
