The president of the National Board of Justice (JNJ), Gino Ríos, filed a jurisdictional lawsuit before the Constitutional Court (TC) against the Judiciary to maintain the suspension of the National Prosecutor, Delia Espinoza.
In his appeal, Ríos claims because of the precautionary measure issued by the Ninth Constitutional Court of Lima that annulled Espinoza’s temporary separation and restored her to her position while she is investigated by the JNJ.
In the document, which he accessed Peru21the head of the entity that appoints and dismisses judges and prosecutors argued that that court incurred in “excess” of its powers and in “a breach of the principle of procedural consistency.”
In his opinion, the Judiciary had already ruled only to annul Espinoza’s suspension for one of the acts he is accused of, but not for the other three that are also attributed to him.
“What has happened in this case is that an extra petita ruling has been issued, which lacks any justification and is harmful to the fundamental right to due process. Acting in this way means, on the one hand, that the Judiciary has exceeded the legitimate framework of its constitutional powers and, on the other, that an impairment of the powers of the JNJ has been generated,” it reads.
For Ríos Patio, the initial judicial ruling was to annul Espinoza Valenzuela’s suspension for not reinstating Patricia Benavides as supreme prosecutor and head of the Prosecutor’s Office.
But not to annul the investigations for not having convened the Board of Supreme Prosecutors (JFS) to incorporate Benavides; for having forced tax personnel to hold a vigil; and for having continued to hold office illegally.
For that reason, he questioned that in a clarification requested by the defense of prosecutor Espinoza, the judge subsequently indicated that his ruling extended all the investigations.
“It is clear that the JNJ is suffering a deterioration in its powers and powers as a result of an excess of the Judicial Power. Furthermore, it is proven that the special care that jurisdictional bodies must observe when carrying out constitutional control over the decisions of the JNJ has not been respected,” he insisted.
With the lawsuit, he hopes that the TC will recognize the violation of the decisions of the JNJ and annul the judicial rulings.
The JNJ suspended Delia Espinoza last September, her place is temporarily occupied by Tomás Gálvez, who has indicated that he will hand over the position to his colleague only when the entity chaired by Gino Ríos so decides.
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