The Constitutional Court (TC) admitted a complaint filed by the former National Prosecutor, Patricia Benavidesagainst the National Board of Justice (JNJ) and will now be in charge of resolving the appeal that was rejected by the Judiciary.
Benavides demands that all the resolutions of the JNJ against him in which judges Aldo Vásquez and Inés Tello participated be declared null and void. This includes the defenestration of the former supreme prosecutor.
Vásquez and Tello, as is known, were dismissed by the Congress of the Republic but then reinstated by the Judiciary in July of this year.
In the resolution notified today, the TC concludes that the constitutional grievance presented by the dismissed prosecutor should have been accepted by the Third Constitutional Chamber of the Superior Court of Lima because it met the requirements.
“The court denied the constitutional grievance irregularly because the Constitution says that in the event of a denial, the grievance appeal proceeds to the TC, but the court interpreted that this was an order within a sentence and the law does not make this distinction,” Aníbal explained. Quiroga, lawyer of Benavides Vargas, to Peru21.
Quiroga pointed out that now the highest interpreter of the Magna Carta required the PJ chamber to send him all the documentation to review the case.
According to him, it may take between three to six months to issue a statement.
“If the TC agrees with us, it would have to annul all the actions of Tello and Vásquez, the effects they generated, and restore things to the previous state,” said the constitutionalist.
Regarding the possibility of his client being reinstated as prosecutor of the Nation, a position currently held by Delia Espinoza, the lawyer indicated that they must wait for the decision adopted by the TC.
