Indications or legal and constitutional arguments. This is the dilemma you will have to solve the supreme judge of preliminary investigation Juan Carlos Checkley Soriaupon resolving the appeal filed by the defense of the President Pedro Castillo to paralyze the investigation initiated against him by the National Prosecutor, Pablo Sanchez Velarde.
This is the discussion that was generated in the virtual hearing convened by the aforementioned magistrate to listen to the parties and resolve in the best way. They were face to face defense attorney Benji Espinoza Ramos and by the Public Prosecutor’s Office, the Deputy Supreme Prosecutor Samuel Rojas Chavez.
Espinoza Ramos argued that Article 117 of the Constitution only allows accusing the President of the Republic for treason against the country, impeding elections, closing Congress or preventing electoral bodies from operating.
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Therefore, he stressed that he cannot be accused of any other alleged crime in the exercise of the position. Then, citing the opinions of jurists, judgments of the Inter-American Court of Human Rights and the American Convention on Human Rights, He noted that the concept of accusation covers from the beginning of the criminal procedure, which attributes a crime.
In addition, he pointed out that the Prosecutor’s Office has never before initiated an investigation of a president in office, despite the fact that there have always been public complaints, such as in the cases of Alexander Toledofor the false signatures of Peru Possible, or Allan Garciafor the Petroaudios case.
Hearing Pedro Castillo
He indicated that the same Pablo Sanchez filed a complaint against the then president Ollanta Humala for the Odebrecht case, considering that in the exercise of the position he could not be investigated, in accordance with article 117 of the Constitution.
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“A president is always exposed to complaints, the only thing that changed in the previous cases and the current one is the name”, the lawyer stressed.
prosecution
The representative of Public ministry did not refute the legal arguments. He limited himself to pointing out the existence of a series of indications: declarations of aspiring effective collaborators and audios in which they speak of alleged payments and the discovery of 20,000 dollars in cash, in the office of the former secretary of the presidency Bruno Pacheco.
In addition, he pointed out that the investigation of the president is not based on a public complaint, on a particular politician or citizen, but on the reports of the prosecutors. Karla Zecenarro Y Light Taquire.
Hearing Pedro Castillo
It is they, said prosecutor Samuel Rojas, who attribute to the President of the Republic being the head of a criminal organization that would have taken over the Ministry of Transport and Communications to commit crimes of bribery and influence peddling, in favor of certain businessmen.
Therefore, he explained that they considered that article 117 of the Constitution should be made compatible with other constitutional norms that impose the Public ministry investigate crime and combat corruption and organized crime.
Infiltration in the virtual hearing
Almost at the end of the intervention of the Supreme Prosecutor Samuel Rojas Chávez, an alleged assistant to the Espinoza study entered the virtual hearing and spread the video of a Brazilian stripper. Hours later, the same interference was recorded in the virtual hearing of the process against former president Ollanta Humala.
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Lawyer Benji Espinoza called for an investigation into the meddling in the hearing and denied that someone from his studio had released the video. Virtual hearings are administered by personnel from the Judiciary and only the parties have access. That administration is failing.
