The Permanent Criminal Chamber of the Supreme Court confirmed the 18 months of preventive detention issued against the former president Pedro Castillowho on December 7 perpetrated a coup.
The court presided over by Supreme Judge César San Martín flatly ruled out the defense’s argument about the “irregular procedure” that Congress followed to lift the ex-president’s jurisdiction through a plenary vote and not after an evaluation by the Subcommittee on Accusations Constitutional.
The judges concluded that Castillo was arrested in flagrante delicto, that is, in the evident commission of a crime by announcing the illegal closure of Parliament. Thus, according to the court ruling, it was no longer necessary for the preliminary hearing to be seen by the Subcommittee or subsequently by the Permanent Commission.
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“In flagrante delicto, as the development of the fact can be reconstructed with such ease and certainty -the evidence is such that proof is not needed- then, it is advisable to ignore a previous process of investigation of the fact, in such a way that, for above the precautionary principle in the gathering of evidence, the principle of immediacy prevails ”, reads the document to which he agreed Peru21.
The room also indicated that a quick decision by the Legislative Branch was opportune since it was corroborated that Castillo intended to flee to the Mexican embassy in Lima to seek asylum and thus evade justice.
“The decision of the Congress of the Republic, when issued in the face of a very exceptional situation and importing the affirmation of the supremacy of the Constitutional State, cannot be considered illegitimate or harmful to the constitutional order, even more so if it was a criminal act that directly damaged the Constitution and article 38 of the Fundamental Law itself requires defending the Constitution and the legal system of the Nation”, he argued.
Regarding the crime of rebellion that Castillo Terrones is accused of, the chamber ratified the criteria that it displayed when it confirmed the preliminary detention of 7 days: the uprising in arms was registered when the former head of State ordered the Armed Forces and the National Police to abide by a curfew on the same December 7th.
And regarding the danger of obstruction, the magistrates accepted the statement of the Chief of Police, Raúl Alfaro, who said that Castillo ordered him to arrest the National Prosecutor, Patricia Benavides, a fact that demonstrates the intention of the person being investigated to bring down the criminal investigations against him.