He Constitutional Court (TC) He dismissed a habeas corpus filed in favor of Pedro Castillo, former president of the Republic (2021-2022), which He sought his release under the argument of an alleged “arbitrary detention”. This resource, presented by Rocío Margot Calderón Contreras on December 10, 2022, alleged the violation of the right not to be arrested without a written judicial mandate or in case of flagrant crime.
The demand requested the immediate freedom of Lump castlewho was transferred to a police station on Spain Avenue in the framework of an investigation for rebellion and conspiracy. Calderón Contreras argued that those responsible They did not meet legal requirements for the arrest of the ex -president, stating that he was “kidnapped” and taken to the police headquarters.
You can see Juan Silva asks to annul
In the resolution of File No. 00778-2023-PHC/TC, the CT Judicial Branch. Therefore, the Court determined that the arbitrary detention argument should be equally dismissed.
The Court, when addressing the section of the lawsuit that involved the senior management of the Navy, the Peruvian Air Force (FAP), the Army and the former Minister of Defense Emilio Bobbio, determined that there was no sufficient evidence to justify The limitation of the right to personal freedom of former president Pedro Castillo.
Finally, it was indicated that the alleged ignorance of the whereabouts of the ex -president had ceased, since it was at the Diroes facilities, which led to the conclusion that there was no subtraction of facts. With this decision, Castillo will remain in the Barbadillo prison while facing charges for rebellion, abuse of authority and disturbance of public order. According to Commercethis is the sixth appeal presented before the Constitutional Court with the same purpose, being all rejected.
Context of the oral trial against Pedro Castillo
The Judiciary has scheduled for March 4 the beginning of the oral trial against former president Pedro Castillo, who faces charges as co -author of the alleged crimes of rebellion and abuse of authority. These charges arise following the coup attempt of December 7, 2022, when Castillo announced the dissolution of the Congress during his message to the Nation.
The Prosecutor’s Office has requested a sentence of 34 years in prison for the ex -president, in addition to a civil reparation of S/65.419.038.53 in favor of the State, which must be paid solidarily. The disqualification of the former head of state to exercise public functions for a period of three years and six months has also been requested.
You can see Former Trade Minister Roberto Sánchez will no longer be investigated for a failed coup d’etat
The judicial resolution covers others involved, such as Betssy Chávez, Willy Huerta Olivas, Manuel Lozada Morales, Justo Mellado and Eder Infanzón Gómez, for whom the Public Ministry has requested 25 years in prison, disqualification to occupy public office for two years and six months, and a civil reparation of S/64,419,038.53. In the case of Aníbal Torres, a sentence of 15 years in prison has been requested.
Likewise, the trial includes Congressman Roberto Sánchez Palomino, although the Permanent Criminal Chamber of the Supreme Court has accepted a request for his defense to archive the accusation of alleged rebellion against him.
