The former military political leader of Huanta from 1984, the former sailor Alberto Rivero Valdeavellano, sentenced to 18 years in prison last August as the direct perpetrator of the human rights violations of 70 people during his leadership, He will be able to serve his sentence at home thanks to Law 32181which restricts preliminary arrest without flagrante delicto.
Among the victims are the La República correspondent in Huanta, Jaime Ayala Sulca; community members of Culluchaca; Evangelicals of Callqui; and numerous people from the city and surrounding districts detained by law enforcement between June and July 1984. Many of them remain in a condition of forced disappearance..
From the day they handed down the sentence, Alberto Rivero Valdeavellano He is a fugitive, and his lawyer requested the National Superior Court of Specialized Justice, which hears cases of human rights violations, for the provisional suspension of his sentence until the Supreme Court resolves his appeal, arguing that he is 81 years old and suffers from prostate cancer.
Alberto Rivero Valdeavellano has been on the run for six months, when he was sentenced to 18 years in prison
Likewise, he requested that Law 32181, promulgated by the Executive, be applied to him, and that, in addition to limiting preliminary detention in cases that are not flagrante delicto, contains several modifications, including one to article 22 of the Penal Code, incorporating that Over 80 years of age, for humanitarian reasons, can serve their sentence at home or in freedom with certain restrictions.
The judges who That request was granted to him are Máximo Francisco Maguiña Castro, Reli Jacinto Callata Vega and Nadia Tamayo Tinajeros.
They impose an appeal for annulment
Juan José Quispe, lawyer at the Legal Defense Institute (IDL), which represents the relatives of journalist Jaime Ayala, regrets that the new human rights court of the National Superior Court of Specialized Justice issues these resolutions without applying conventionality control or diffuse control without due motivation. For this reason, he filed an appeal for annulment.
Jaime Ayala Sulca, correspondent for La República, has been missing since he entered the Navy base in Huanta, on August 2, 1984.
“They have not taken into account the constitutional and supranational supremacy of cases of human rights violations. They have not taken into account that, in the case of forced disappearance, for which the Inter-American Court of Human Rights has clearly indicated that there is no case for the release of those responsible,” he said.
Quispe maintained that it is worrying that the court has not taken into account international standards, nor the contentious-administrative jurisdiction that the Peruvian State has with the Inter-American Court, which is why, according to article 8 of the Constitutional Procedural Code, all judges have the obligation to fulfill their sentences.
He stressed that there is no evidence that Mr. Rivero Valdeavellano is ill because the Court itself declared that request unfounded, with which the Prosecutor’s Office agreed, since it does not prove a serious condition.
Likewise, he warned that Law 32181 seeks impunity, as it will prevent family members who have been seeking justice for more than 40 years from achieving it.
“It is a law with its own name that Congress passed, promoted by Fernando Rospigliosi and Jorge Montoya, for politicians, but above all for soldiers who are being prosecuted and convicted for serious violations of human rights,” he said.
