Supreme prosecutor José Fernando Timimarchi Meléndez, from the Supreme Supreme Prosecutor’s Office In crimes of public officials, he has initiated a preliminary investigation against the superior prosecutor and coordinator of the Special Lava Jato team, Rafael Vela Barba. He is investigated for alleged crimes of criminal organization, prevaricate and cover -up, related to the alleged granting of immunity and criminal impunity to the Brazilian company Odebrecht, outside the framework of the effective collaboration agreement.
Research by criminal organization and cover -up also reaches AD HOC Silva Carrión attorney and former attorney Jorge Ramírez. The investigation provision is held in a complaint filed by lawyers Luis France and Luis Pacheco Mandujano, which It also includes former nation prosecutor Zoraida Ávalosand the prosecutors of the Lava Jato, José Domingo Pérez and Diana Luz Canchihuaman.
In accordance with the complainants, the prosecutors of the Special Lava Jato team violated the Peruvian legal regulations by granting criminal immunity to the Brazilian company and its officials, as Jorge Barata, in the cases of Ollanta HumalaKeiko Fujimori cocktails, the construction club and Gonzalo Monteverde.
For the Prosecutor’s Office and the Prosecutor’s Office, the complaint aims to destroy the effective collaboration agreement that allowed significant public officials to be taken before justice. Whereby the complaint would be a political persecution against the special team Lava Jato.
Odebrecht, the corrupting entity that was not prosecuted
Precisely, Luis France and Luis Pacheco Mandujano are lawyers of the businessman Gonzalo Monteverde, who has been fugitive from justice since 2018. The Prosecutor’s Office accuses Monteverde of laundering money of illicit origin of the Brazilian company, but Odebrecht is not included in the process. In this case and the processes against former President Ollanta Humala, Keiko FujimoriConstruction Club and Monteverde, the Brazilian construction company appear as the “corrupting entity”, but is not investigated, by an International Judicial Cooperation Agreement of Criminal Immunity.
You can see: APP commits Lapsus and presents bill to “guarantee citizen insecurity”
The lawyers argue that Vela Barba, in their performance as coordinator, participated in the coordination with the Brazilian Public Ministry to collect the statements of Odebrecht managers in Brazil, despite the fact that this jurisdictional work corresponded exclusively to Domingo Pérez. In addition, it would have been a direct executor of concrete cover -up acts.
In that line, it is attributed to having signed a judicial cooperation agreement International for the Kuntur case and the South Peruvian gas pipeline, That, for the consideration of the complainant, “it would constitute a direct mechanism of impunity.” In the judicial cooperation agreements it is said that Odebrecht will not be prosecuted criminally for those cases, where he had not recognized guilt. What is contradictory to the collaboration agreement that signed with the same prosecutors, where it is said that in all cases where it recognizes guilt, but that the Prosecutor’s Office considers that there is a crime, it will proceed to initiate the corresponding criminal process.
Likewise, France-Pacheco reports that in the approval of the collaboration agreement, prosecutor José Domingo Pérez would have agreed not to use evidence delivered by the Odebrecht company and its officials in cases where they did not admit responsibility.
The proceedings for clarifying the facts
The denunciation of France-Mandujano has generated two investigations so far. One, in charge of the prosecutor of the nationDelia Espinoza Against the Supreme and former Nation Prosecutor, Zoraida Ávalos. The second, which will be in charge of Timimrchi Meléndez, against Rafael Vela, Silvana Carrión and Jorge Ramírez.
Timimarchi Meléndez referred to the seventh Superior Prosecutor’s Office of Lima Centro, the part of the complaint that includes provincial prosecutors José Domingo Pérez and Diana Canchihuaman Castañeda for the investigations of the case.
You can see: Juan Santiváñez refuses to apologize and blame the PNP to falsely present two people as extortionists
Meanwhile, in order to clarify the events, it ordered to request from the Office of International Judicial Cooperation and Extraditions of the Prosecutor of the Nation and the Coordination of the Special Team of Prosecutors of the Lava Jato case, to provide copies of the International Judicial Cooperation Agreement of the 24 April 2019, of the Agreement and Commitment of Specialty and Limitation for the Use of Tests of July 17, 2019, of the International Legal Cooperation Act of Jorge Barata of December 12, 2019 and the Agreement of Commitment of Specialty and of limitation of use of evidence of January 12, 2020, the Fiscal Act of Higher Coordination of Mutual Understanding for the Culmination of the Effective Collaboration Procedure of August 2, 2018 and the Joint Act of International Judicial Cooperation Procedure of August 2 of 2022.
The Supreme Prosecutor’s Office He cited the superior prosecutor Rafael Vela Barba for next February 20, 2025 at 9.30 in the morning, with the aim of expressing his defense. On January 11, the complainants, Luis France Arias and Luis Pacheco Mandujano are summoned. Former Attorney Jorge Ramírez must declare on February 14 and Procurator Carrión, on February 18.
