He Nicanor Boluarte’s lawyer, Luis Vivanco continues to express his indignation at the prosecutor’s request for 36 months of preventive detention against his client and asked to go to trial as soon as possible.
“If the case is so clear, there is so much evidence, we are facing such a complicated situation, why instead of seeking preventive detention, why doesn’t the prosecutor accuse us and we don’t go to trial so that he can be sentenced once and for all… why? Let him accuse us, why 36 months in prison, what does that have to do with it?” he exclaimed during an interview with Canal N.
He also disqualified the statements made by Victor Torres in his capacity as an effective collaborator because he claimed that he only did so to avoid pretrial detention.
In this context, he also criticized the fact that the Prosecutor’s Office had requested the aforementioned restrictive measure against his client based on Torres’ accusations. “Even though there is a claim of effective collaboration, is that sufficient reason for my client to go to prison for 36 months?” he said.
Faced with this, the lawyer indicated that there would be a kind of “procedural obsession” From the Public Prosecutor’s Office: “I have a personal theory that there is a kind of procedural obsession against my client and this request specifically responds to that. If there is one thing I can attest to, it is that my client has all his credentials, he has not committed any action that would lead one to believe that he will hinder the action of justice.”
He added that, according to his analysis, the Public Prosecutor’s Office has not been following the best procedural practices in recent times: “It seems that putting a person in jail is part of the criminal process and that if they don’t do it, the case is useless, the prosecutors get depressed or the Prosecutor’s Office thinks it is not doing its job well.”
The request for preventive detention also involves Jorge Luis Ortiz, Zenovia Herrera, Noriel Chingay, Jorge Chingay and Matthew Castanedathe latter being the lawyer of President Dina Boluarte. They are charged with the alleged crime against public tranquility – criminal organization and others against the State. The hearing will be held this Friday, July 9, at 02:30 p.m.
Preventive detention for Nicanor Boluarte: how feasible is the request?
Criminal law expert Andy Carrión, speaking to La República, considered that the request from the Prosecutor’s Office is disproportionate due to the 36-month period and the request for preventive detention: “We must take into account that in the previous clarification of the preliminary detention, the judges concluded that there was no risk of flight or obstruction, so I see it as unlikely that this measure can be allowed. Although one can always expect something different from the judges.”
Andy Carrión indicated that perhaps this Fiscal requirement is accompanied by an additional element which indicates that they (Nicanor and others involved) are obstructing justice: “A novel element would be to include Victor Torres As an effective collaborator, this could strengthen the serious elements of conviction to comply with the first requirement of preventive detention. Although, the most decisive factor is always the risk of flight or obstruction of justice.”
