The High Court of Justice ratified in the second instance the decision of the Judicial Branch to reject the congressman’s appeal Guillermo Bermejo which requested the annulment of the effective collaborator ‘Pioneer 2’ in the trial against him for alleged affiliation to an organization terrorist.
According to the report Power of attorneythrough its social networks, the Third National Criminal Appeals Court confirmed the resolution of the Tenth Preparatory Investigation Court, which declared the request for protection of rights ofThe congressman Guillermo Bermejo.
The magistrates of the Court determined that the decision of the Judiciary taken in the first instance was made in accordance with the law and without violating the rights of Russetwho is being prosecuted for the third time for this crime.
Following the arguments of Bermejo’s defense and the Public Prosecutor’s Office, the Court composed of judges Salinas Siccha, Rodríguez Alarcón and Enríquez Sumerinde decided to declare the appeal presented by Congressman Bermejo unfounded.
“Declare UNFOUNDED the appeal filed by the technical defense of Guillermo Bermejo Rojasconsequently, CONFIRM Resolution No. 04, dated April 17, 2024, which declares unfounded the request for protection of rights made by the aforementioned defendant, within the framework of the investigation against him for the alleged crime of affiliation to a terrorist organization, to the detriment of the State,” the judicial resolution states.
Court decision. Photo: Judicial Branch
The first appeal filed by Bermejo’s defense was presented on March 18 and a month later, on April 17, the Judiciary declared it unfounded. This latest ruling ratifies that decision.
Guillermo Bermejo: Why did the congressman’s defense ask for the testimony to be nullified?
The defense of Guillermo Bermejo asked for the nullity of the testimony of ‘Pioneer 2’ because they did not participate in the proceedings where they took the statement of the effective collaborator since this was done virtually.
“(…) the technical defense of the investigated Guillermo Bermejo Rojas seeks the annulment of the declaration of the so-called “Pioneer 2″, since he did not participate in it, alleging that the declaration was made virtually and not in the physical place that was indicated in the fiscal provision that ordered said diligence, which would have generated defenselessness,” reads the document.
For its part, the Public Prosecutor’s Office indicates that since the effective collaborator was in Satipo and could not travel to Lima, it was decided to carry out the procedure virtually and this was notified to the lawyers.
They also report that the lawyer of Russet He did not go to the Dircote headquarters where there was a Prosecutor’s Office employee who would notify the change.
Thus, taking into account both arguments, the judges determined that the decision of the Judiciary in the first instance was issued without affecting the rights of those investigated.
“The Court determined that the first instance ruling was issued in accordance with the law, developing and expressing the grounds for its decision, without affecting the rights to due motivation of judicial rulings and defense,” reads the last part of the statement disseminated on the networks of the Judicial Branch.
Statement from the Judiciary.