After three months of hearings, the preliminary investigation judge Raúl Justiniano Romero ordered preventive detention for the former advisors of the Attorney General’s Office, Miguel Girao and Giancarlo Valer Enciso, and the lawyer José Luis Castillo Alva, alleged collaborators of the former Attorney General, Patricia Benavides, who have been detained since April 23, without their legal situation being resolved.
Although The situation of PNP Captain Jorge Rodríguez Menacho remains to be resolvedwho has not yet presented his final defense arguments, as he is on medical leave for a respiratory problem, which he acquired during his detention in the Dirincri cells, in the former prefecture of Lima.
However, in response to the habeas corpus, the immediate release of Rodríguez Menacho was ordered, and he was summoned to continue the preventive detention hearing on Tuesday, July 30, starting at 5:00 p.m.
The judge rejected the preventive detention of Jorge Luis Palomino Quesadaformer Central Manager of the General Office of the Public Prosecutor’s Office, dealing with health problems that require him to have specialized medical care on a permanent basis.
Giancarlo Valer Enciso, Miguel Girao Isidro and criminal lawyer José Luis Castillo Alva appealed the decision.
The judge indicated that on Wednesday, July 24, at 4:00 p.m. he was notified of the habeas corpus resolution issued by the Second Constitutional Chamber of Lima, which provides for the resolution of the situation of the detainees during the following 48 hourssince his right to a reasonable period of time has been affected.
Justiniano Romero indicated that it was impossible to strictly comply with the habeas corpus ruling in a case where the prosecution has presented more than 42 thousand pages, on 16 facts plus the crime of criminal organization, with Rodríguez’s argument pending.
For all of these reasons, the Court proceeded to resolve the situation of four detainees, while the respective resolution will be notified to the parties on the first business day following.
The facts attributed to these detainees are related to the alleged illicit activities of Patricia Benavides as Attorney General, such as the removal of Supreme Attorney Bersabeth Revilla with a report that disparaged her work, the disqualification of Supreme Attorney and former Attorney General Zoraida Ávalos, the attempts to dismantle the Special Teams of prosecutors in the Lava Jato case and against corruption in power, and false accusations against Marita Barreto and police chiefs Harvey Colchado and Jeferson Moreno.
In addition, money was handed over for the appointment and removal of prosecutors in investigations for various crimes, an alleged exchange of favors between the lawyer Castillo Alva and Benavides to frustrate their respective investigations, and acts of corruption in the purchase of equipment for the “Date Center” of the Public Ministry.
The pretrial detention hearings have been held since May 13. During this time, according to the habeas corpus, the 15-day period for his preliminary detention and the 48-hour period for holding the judicial hearing on pretrial detention, as provided for in the Criminal Procedure Code, expired.
