The plenary of constitutional Court declared habeas corpus founded presented by the defense Pedro Castillo With respect to report approved by the Subcommittee on Constitutional Accusations, in which his disqualification for treason against the homeland was recommended. The TC resolved to annul the qualification report and the final report approved by the SAC for “violating the right to due motivation in parliamentary headquarters.”
The document contains the signatures of the six magistrates signing the resolution declaring “the nullity of the agreement of the Subcommittee on Constitutional Accusations of Congress (…) As well as the final Report of Constitutional Complaint 219″.
After declaring this petition for habeas corpus founded, the Constitutional Court orders the annulment of the report that weighs against Castillo and that recommended his disqualification for a period of five years.
As is known, the complaint for treason raised by the Subcommittee was harshly questioned during its support before the plenary session of the Constitutional Court on November 15, after magistrate Gutiérrez Ticse was doubtful about the allegations of the attorney for the Congress, Yuri García, asking him if “opinion is a crime” for the SAC.
Fundamentals of the ruling of the TC that resolves to annul the complaint
The sentence issued by the entity that acts as the highest interpreter of the Constitution in Peru It is accompanied by the grounds for voting by magistrates Gustavo Gutiérrez Ticse, Luz Pacheco Zerga, Helder Domínguez Haro, and César Ochoa Cardich.
Among the main deliberations made by the magistrates, there is the resolution of Gutiérrez and Haro that the report is not only an affectation of rights, but also an injury to the presidential institution. In addition to noting that “The expression of opinions does not have sufficient entity to have criminal relevance.”
While Ochoa Cardich refers that there would be a violation of parliamentary due process, and that what was determined by the Subcommittee on Constitutional Accusations “It is not in accordance with the parameters of reasonableness, violates the principle of interdiction of arbitrariness and fails to comply with the due motivation.”
