Carhuancho He argues that Gutierrez He has already pronounced on his case, which would compromise the neutrality of the current trial for alleged criminal organization.
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The judge Richard Concepción Carhuancho requested at Constitutional Court (TC) that the magistrate Gustavo Gutiérrez Ticse He refrains from participating in the process initiated against him, claiming a violation to the principle of impartiality. According to the judge, Gutiérrez would have advanced public opinion on his case, which would go against the Organic Law and the TC regulations. The constitutional process against Carhuancho seeks to separate him from the criminal investigation followed against Dina Boluarte’s brother, Nicanor Boluarte and others, for the alleged crime of criminal organization.
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The controversy originated after, during an academic class issued in August 2025, the judge Concepción Carhuancho will use a slide in which it was linked to Boluarte With a criminal network, while the request for preventive detention for the case ‘was still resolvedWaykis in the shadow‘, where the president of the president is accused of having influenced the appointment of prefects and sub -prefects.
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Interestingly, it is now Carhuancho Who argues that there was an advance of opinion. The magistrate argues that Gutiérrez Ticse He committed his impartiality when referring to this fact both at a public hearing of the Plenary of the TC and in a legal program transmitted by the Internet. In both scenarios, the tribune criticized that the judge had presented certain authorities as part of a criminal organization in an open case, thus hinting at a prejugation.
In support of your order, Carhuancho He cited jurisprudential precedents in which the Constitutional Court He accepted the abstention of a magistrate in similar situations. He also presented as evidence the audiovisual records of an audience held on August 27, 2025 and the legal program in which Gutierrez intervened. With this, it seeks to ensure that the process against it is resolved under strict standards of independence and neutrality.
Application for Concepción Carhuancho to withdraw Gutiérrez Ticse from the lawsuit against him at the TC | Photo: lr.
