The Third National Criminal Chamber of the Superior Court ordered the release of the former president Martín Vizcarra. The Judicial Power declared the request of 5 months of preventive detention of the Prosecutor’s Office against the ex -president for the cases Lomas de Ilo and Moquegua Hospital for the alleged crime of bribery (bribery).
The former head of state had been held in the prison of Barbadillo on August 13, after the Judge Jorge Tamariz partly accepted the request of the Public Ministry. However, the legal defense of Vizcarra Cornejo appealed the decision of the magistrate in search of the freedom of the ex -president.
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According to the document to which he had access The RepublicMagistrates Enriquez Sumernde, Magallanes Rodríguez and Javiel Valverde sustained their decision by pointing out that prosecutors made mistakes by based on Vizcarra does not have labor, family roots. Similarly, the judges indicated that the representatives of the Public Ministry were wrong to argue the alleged questionable behavior of the former president and in the coercion measures against him.
Despite the decision of the Judiciary, Vizcarra will continue to be investigated by the alleged bribes of S/1 million that he received to favor companies Workinsa and ICCGSA for the award of construction projects. Consequently, the Prosecutor’s Office has requested 15 years of deprivation of liberty against the former president.
The arguments of the Judiciary to free Martín Vizcarra
One of the arguments of the Third National Criminal Chamber of the Superior Court To cancel the preventive detention against Martín Vizcarra It was that the elements of conviction presented by the Prosecutor’s Office are not serious enough to support their request. According to the resolution, the Public Ministry could not argue that there was a variation in the family roots of the former president to base his request.
As stated in the document, the Prosecutor’s Office had mentioned that Vizcarra’s youngest son had an address other than his in his ID and that therefore did not have family roots. In that sense, the Court avoided said argument and recalled that during the search against the ex -president in March 2024, he was found together with his youngest son and his wife living together. That fact, the prosecutor did not mention it.
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On the other hand, the Judicial Power determined that Vizcarra does have labor roots by being part of the Urbaniza 3D company. According to the Court, the documents presented by the former president, such as the registration of degrees and titles, his work reports, receipts for fees, work videos, affidavit of Rosmery Bertolatti de la Cuba, among others, give an account of the working activities of the investigated.
However, the magistrates disagreed with the contracts between the political party Peru first and Vizcarra, since payments were issued after the preventive detention was requested. However, labor roots were demonstrated by hiring with 3D urbaniza.
On the other hand, the magistrates indicated that the Prosecutor’s Office did not present new evidence against Vizcarra to support the severity of the penalty and magnitude of the damage caused. According to the judges, the Public Ministry showed elements that had already been previously evaluated.
A no less fact is that, according to the court, the reasons for the supposed questionable procedural behavior of Martín Vizcarra were not included in the integral resolution of preventive detention. On the contrary, the magistrates determined that Vizcarra “has been demonstrating procedural behavior according to procedural burdens.”
Martín Vizcarra is pronounced after his release: “This decision corrects an error that should never be made”
After the Third National Criminal Chamber of the Superior Court decided to free the former president Martín Vizcarra, When considering the request of five months of preventive detention submitted by the Prosecutor’s Office, the ex -president was expressed in his social networks, describing the decision as “a correction to an error that should never have been committed.”
“For 21 days I was deprived of my freedom, facing an unjustified transfer and attacks on my dignity, which violated my rights and generated uncertainty about my personal integrity. This decision of the court corrects an error that should never be committed,” he said.
“I want to deeply thank all Peruvians and Peruvians for their signs of support and encouragement these days, as well as the unconditional affection and support of my family and friends, who held me in the most difficult moments, he said.
