The Superior Court of Justice of Limathrough the First Constitutional Chamberdeclared void the impeachment procedure that the Congress of the Republicthrough the Subcommittee on Constitutional Accusations (SAC), was still against the former prime minister Salvador del Solar.
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The decision responds to the request for protection presented by the former prime minister of Martín Vizcarra against Parliament. This is based on the procedures carried out around the constitutional complaints 384, 400 and 466linked to Del Solar’s intervention in Congress to raise a question of trust that led to the closure of the Legislative in 2019.
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In the grounds of the protection claim, Del Solar indicated that the SAC has violated his fundamental rights during the disqualification procedure. Among them is the right to be tried within a reasonable time; to due motivation; to the presumption of innocence; equal treatment; among others.
“The nullity of the entire impeachment procedure initiated against him (Salvador del Solar) is declared by virtue of the Qualification Report of the Constitutional Complaints (accumulated) No. 384, 400 and 466, which was approved, by majority, by the congressmen who are members of the Subcommittee on Constitutional Accusations of the Congress of the Republic in the eighteenth extraordinary session dated May 7, 2024, solely and exclusively as far as its part is concerned,” details the lawsuit
From the accused party, the Congressional Public Prosecutor’s Office maintained that the constitutional complaint process against the former prime minister has not resulted in a political or administrative sanction, so the existence of a harmful act cannot be “alleged.” They add that they are trying to get Parliament to “exercise its powers and powers to process an impeachment procedure.”
The decision of Judiciary was to annul the impeachment trial of Congress against Del Solar because the deadline established by article 99 of the Constitution. According to him, the accusations coming from the Permanent Commissionand its bodies such as the SAC, must be formulated within a maximum of five years.
The question of trust raised by Solar It occurred in 2019, approximately 6 years before the complaint was filed in Congress. In that sense, the PJ concludes that the deadline had already expired. The resolution also orders that Congress assume the costs of the process.
After knowing the decision, Solar He spoke on social networks: “It takes time, but it comes. This case should never have existed. Complaints should never have been admitted for processing for a matter already settled by the Constitutional Court. Nor should an accusation have been presented to the Plenary Session, the deadline having expired. Today, justice overwhelmingly agrees with us: everything was void,” he wrote on his X account (formerly Twitter).
Likewise, his lawyer Luciano López considered the ruling as a precedent for future cases and described the decision as a “solid ruling.” “The deadline for processing and sanctioning constitutional accusations under article 99 of the Constitution (5 years from when functions cease) is expiration and does not allow interruption or suspension. The judges collect the advisory opinions of the Parliament’s Constitution Commission that we tired of displaying throughout the entire procedure: that in 2003 and 2007 they said that this was the case and the current parliamentarians wanted to ignore it,” he added.
