The Seventh Criminal Corporate Prosecutor’s Office of Cercado de Lima initiated a preliminary investigation against those responsible for the Congress of the republicfor the alleged crimes of disobedience and abuse of authority, for the non-compliance with the transparency lawduring the selection contest of members of the Constitutional Court (TC).
At this stage, the case has been opened by a provincial prosecutor and, as such, is not yet able to directly investigate the congressmen who could be held responsible.
That is why, in the resolution of September 13, the prosecutor only orders the reception of the declaration of the Parliament’s public prosecutor, who must specify which area or who was in charge of delivering the information that was denied.
And it is here that the case becomes relevant and can directly reach the president of the special commission in charge of public contest for the TC, congressman Jose Balcazar.
Responsibilities
As you remember, during this contest, Jose Balcazar refused to deliver the reports of the Comptroller on the applicants, ignoring two resolutions of the Court of Transparency and Access to Information.
José Balcázar (Free Peru) chaired the special commission in charge of selecting suitable candidates for TC magistrates. Photo: Congress
Moreover, at the end of the process, before the vote for the election in the plenary session of Congress, Balcázar delivered the Comptroller’s reports but censored almost 90% of all the content. In other words, he repeatedly failed to comply with the Law on transparency of access to public information.
Specialists consulted on the subject explained that, on the fly, the Public ministry will have to establish the necessary mechanisms to refer the case, in part, to the Public Prosecutor’s Office, to open an investigation directly against the parliamentarians responsible; among them, José Balcázar.
The case arises due to requests for access to information processed by the author of this report, within the framework of the journalistic coverage of the contest for the TC. In the negative answers of the Congress there is documentation with the signature of José Balcázar denying the delivery of the information. Now the prosecution will have to establish the possible responsibilities.
The Republic sought the declarations of the Congressman of Peru Bicentennial José Balcázarbut at the closing of this note he did not answer our calls. Balcázar was a candidate to preside over Congress, but without success. Before, he joined the Peru Libre caucus, but separated to form his own bloc.
For former Minister of Justice Ana Neyrait is important that there are this type of consequences, such as a tax inquiry, when Congress does not comply with the Transparency Court’s rulings.
While the criminal lawyer Juan Carlos Portugal considers it essential that the Prosecutor’s Office identify the people in charge and thus uncover the structure of officials who resisted authority.
ongoing inquiry
resolution with which the Public ministry initiates the investigations against the competition for the TC.
Resolution of the Public Ministry. Photo: diffusion
reactions
Ana Neyra, former Minister of Justice
“It is important that there are consequences when public entities fail to comply with the Transparency Court’s rulings and refuse to deliver data in order to guarantee access to information.”
Juan Carlos Portugal, criminal lawyer
“As long as the person is not identified, I see little success in the investigation because resistance to authority requires, for its structure, that specific people be identified.”
