Waykis Case: Judge Carhuancho decides whether to give 36 months of preventive detention to Nicanor Boluarte

At the hearing of the Waykis en la Sombra case, in which it will be decided whether or not to give 36-month preventive detention to the brother of the head of state, Nicanor Boluarte, Judge Richard Concepción Carhuancho announced that he will not apply Law No. 32108, which modified the criteria for the crime of organized crime.

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According to him, he made that decision in application of the principle of diffuse control when he warned that said legislative norm, which was approved in Congress and promoted by the second vice president of Parliament and brother of the leader of Peru Libre, the fugitive Vladimir Cerrón, Waldemar Cerrón, violates the Constitution and the American Convention on Human Rights.

“The majority of the crimes that were excluded with that law are against public administration. It is a law that was issued under its own name to favor a group of people, and it was disastrous,” he indicated.

For the magistrate, who promoted the norm, Waldemar Cerrón, he directly benefited because, being investigated for the crime of criminal organization, he presented an appeal invoking law 32108.

He recalled that this law also favored other people who are in a similar situation, accused of criminal organization, such as the case of the White Collars, where former judge César Hinostroza raised an exception to be excluded.

“It was a law designed, constructed and approved to favor public officials to remove them from the crime of criminal organization, and take away the competence of the specialized judges who see these crimes to be referred to a common judiciary,” he said.